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Issues involved: Application for waiver of pre-deposit of service tax, education cess, penalty u/s 78 and penalty u/s 76 of the Finance Act, 1994.
Summary: Issue 1: Service Tax and Education Cess Amounts The applicant sought waiver of pre-deposit of a substantial amount of service tax and education cess. The counsel argued that the activity of handling, loading, and unloading coal was in accordance with an agreement with Western Coalfields Limited. Reference was made to similar cases where unconditional stay was granted. However, the respondent pointed out differences in other cases. Issue 2: Composite Agreement and CBEC Circular Upon reviewing the impugned order, it was noted that the applicant had a composite agreement but billed separately for transportation and loading/unloading. The CBEC Circular clarified that loading and unloading activities, even within the coal mining area, fall under "cargo handling service." The implication of the agreement needed detailed examination during the final hearing. The Tribunal found that a prima facie case for complete waiver was not established. Therefore, the applicant was directed to pre-deposit a specific amount within a set timeframe, with a provision for waiver of the remaining amount subject to compliance. This judgment highlights the importance of detailed examination of agreements and relevant circulars in determining the applicability of service tax and penalties.
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