Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2017 (9) TMI 1495

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ondent ORDER [Order Per : M.V. Ravindran] 1. This appeal is filed against Order-in-Appeal No. 21/2006 (H-II) S.TAX dated 17.11.2006. 2. Heard both sides and perused the records. 3. On perusal of records, it transpires that the issue is regarding demand of service tax on the appellant for the services rendered i.e. GTA services. 4. As per the agreement entered with various hospitals, appellan .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ndicate any amount of the tax liability due from the appellant. 7. Be that as it may, we find that the services which have been entered into by the appellant cannot be termed as GTA services for more than one reason. 8. Firstly, appellant is not providing any GTA services, but he is in the activity of disposing the bio-medical waste. 9. Secondly, on a specific query from the Bench, it was clari .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... goods for onwards transportation. We have perused one such slip which is issued at the loading point. The serial numbered form contained certain details like weight, date, etc. The admitted fact is that the consignor and consignee are one and the same and transporter of goods is not issuing any consignment note. In such a situation, the original authority quoting letter and spirit of the statute .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... uld provide service in relation to transport of goods by road and issue consignment note, by whatever name called. In the present case, admittedly, no consignment note was issued by the goods transporter. The original authority held that the slip/challans issued for monitoring purposes by the appellant (receiver of service) will satisfy such conditions and tax liability can be upheld. We are unabl .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates