2022 (1) TMI 1169

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..... lant : Shri. Willingdon Christian, Advocate. For the Respondent : Shri. R.P. Parekh, Suptd. (Authorized Representative). ORDER RAMESH NAIR The issue involved is that whether the ocean freight paid for imported goods is liable to service tax in the hands of the appellant or otherwise. 2. Shri Willingdon Christian, learned counsel appearing on behalf of the appellant amongst other submissions, .....

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..... upon the judgment of Hon'ble Gujarat High Court in the case of SAL Steel Limited vs. UOI - 2020 (37) GSTL 3 (Guj.). He submits that as per this judgment, the levy of service tax on ocean freight itself has been held as ultra-vires. Therefore, they are eligible for refund. 3. Shri T.G. Rathod, learned Additional Commissioner (Authorised Representative) appearing on behalf of the Revenue submits t .....

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..... e light of judgment of Hon'ble Gujarat High Court in the case SAL Steel Limited (supra). Appeal is allowed by way of remand to the Adjudicating Authority to pass afresh order as observed above. All the issues are kept open." 5. In the present case also being identical issue involved, following the aforesaid decision, we allow the appeal by way of remand to the adjudicating authority to pass a fre .....

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