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    <title>2018 (8) TMI 1105 - CESTAT NEW DELHI</title>
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    <description>Transportation of coal from pit-heads, quarries, bunkers, surface stocks and similar locations to railway sidings, dumps and stock yards within the mining area was analysed under the Finance Act, 1994. The controlling principle applied was that movement of coal within a mining area does not, by itself, constitute a service in relation to mining of mineral, oil or gas; it is more appropriately classifiable as transport of goods by road service. The wider definition of mines under the Mines Act, 1952 was held not to create the required nexus for mining service classification, and the Supreme Court&#039;s materially similar ruling was followed. The service tax demand and penalties were therefore not sustainable.</description>
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      <link>https://www.taxtmi.com/caselaws?id=365633</link>
      <description>Transportation of coal from pit-heads, quarries, bunkers, surface stocks and similar locations to railway sidings, dumps and stock yards within the mining area was analysed under the Finance Act, 1994. The controlling principle applied was that movement of coal within a mining area does not, by itself, constitute a service in relation to mining of mineral, oil or gas; it is more appropriately classifiable as transport of goods by road service. The wider definition of mines under the Mines Act, 1952 was held not to create the required nexus for mining service classification, and the Supreme Court&#039;s materially similar ruling was followed. The service tax demand and penalties were therefore not sustainable.</description>
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