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TMI Blog2019 (1) TMI 1232X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent ORDER Per: C J Mathew M/s Vishal Traders, registered as a provider of 'goods transport agency service', had, under a contractual agreement with M/s Kudremukh Iron Ore Co Ltd, been acting for the latter in the sale of 'pig iron' manufactured by them but failed to take registration and discharge tax on the consideration received between 2005-06 and 2008-09. During the pendency of inve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ability as provider of 'clearing and forwarding agent' service and that the penal consequences under section 78 of Finance Act, 1994 did not arise. Furthermore, he contends that the imposition of penalties under section 77 is faulty as returns were being filed by them. Contesting the authority to appropriate excess tax paid towards penalty, he submitted that the compliance with tax and interest li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... buyer of 'pig iron', was admitted to be classified as 'clearing and forwarding' liable to tax under section 65 (105) (j) of Finance Act, 1994. The corresponding definition of the service in section 65(25) of Finance Act, 1994 could well be applicable as 'commission agent' is listed in the inclusive portion of the definition. At the same time, the original authority has confirmed the demand for act ..... X X X X Extracts X X X X X X X X Extracts X X X X
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