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TMI Blog2016 (3) TMI 1051X X X X Extracts X X X X X X X X Extracts X X X X ..... cisions of co-ordinate bench, appellant has made out a prima facie case for complete waiver of demands with respect to taxability on ocean freight for exports. Admissibility of CENVAT Credit - Appellant has already deposited an amount of ₹ 25.00 Lakh through challan and ₹ 7.72 by way of reversal of credit - Held that:- applicant has already paid an amount of ₹ 32.72 Lakh thro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nterest and also imposed penalties under Section 77 78 of the Finance Act, 1994. In addition, adjudicating authority has also disallowed CENVAT Credit of ₹ 41,02,573 under rule 14 and imposed equivalent penalty under Rule 15 of the CENVAT Credit Rules, 2004. 2. Shri B.L. Narasimhan (Advocate) and Shri S.C. Kamra (Advocate) appeared on behalf of the appellant. It was argued by Shri B.L. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... support of his arguments: (i) Agility Logistics Pvt. Ltd. Vs. Commissioner of Service Tax, Chennai-2014 (35) STR 858 (Tri.-Chennai) (ii) APL Logistics (India) Pvt Ltd. Vs. Commissioner of Central Excise, Chennai-III-2014 (36) STR 1310 (Tri-Chennai) (iii) Godown Logistics Vs. Commissioner of Central Excise, Vadodara-2010 (28) STR 348 (Tri.-Ahmd.) (iv) Swagat Freight Carriers P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... collected has to be treated as a consideration for providing Business Support services. Learned A.R. thus reiterated the findings of the adjudicating authority. 4. Heard both sides on stay petition and perused the case records. On the issue of space booking for ocean freight appellant has argued that excess amount if any recovered from the exporters as ocean freights cannot be treated as provi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssues on merits. 5. In view of the above payments made by the appellant are considered as sufficient deposits for granting stay on the remaining amounts confirmed, interest and penalties imposed. Accordingly, there will be stay on the recovery of remaining amounts, interest and penalties till the disposal of this appeal. ( Operative part of the order already pronounced in the open Court ) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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