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TMI Blog2016 (7) TMI 1176X X X X Extracts X X X X X X X X Extracts X X X X ..... ean freight charges and that further, ocean freight charged and collected from the shipper was more than the ocean freight amount paid to the shipping lines. - It was also appeared to the Department that services provided by the appellant to SEZ units were also liable for service tax liability. Held that:- the predominant part of the demand viz. that relating to service tax held as payable on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve obtained Service Tax registration. During the course of audit of their accounts, verification of P&L account, it emerged that the income from ocean freight is more than the ocean freight expenses. It appeared to the Department that service tax was not paid on ocean freight charges and that further, ocean freight charged and collected from the shipper was more than the ocean freight amount paid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant as reimbursable amounts; * Rs.28,62,483/- being irregularly availed CENVAT credit; and e. ₹ 9,02,346/- being service tax payable on the amounts received under other account in the P&L account. The adjudicating authority also appropriated ₹ 10,00,000/already deposited by appellant towards the service tax liability. Interest and penalties also imposed by the lower authority. The t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inance Act, 2012 as also in a number of Tribunal orders. Learned AR Shri Anish Gupta vehemently opposed the stay application and pointed out that the major chunk of the demand relating to reimbursement of expenses has been covered by the decision of Larger Bench of the Tribunal in the case of Sri Bhagavathy Traders vs. CCE, Cochin [2011 (24) STR 290 (Tri. LB)] and that the same has been referred t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd the ₹ 10 lakhs already deposited by them. There will be stay of recovery in the matter pending disposal of the case. 5. Learned AR requests for early hearing of the matter considering the revenue in stake and also says that the issue will have a fallout effect in other cases. No objection from the appellants. Accordingly, with the consent of both sides, we direct the early hearing of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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