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    <title>2021 (1) TMI 179 - CESTAT KOLKATA</title>
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    <description>Sizing and crushing of coal on the assessee&#039;s own coal before title passed to buyers was treated as part of the sale/manufacturing process, not as production or processing of goods for or on behalf of a client under Business Auxiliary Service. The coal remained the assessee&#039;s property until delivery, the sizing charge formed part of the contracted sale price, and the activity was already subjected to central excise and VAT/CST, supporting the principle that manufacture and service tax are mutually exclusive levies. On those facts, sizing of coal was held not liable to service tax and the Revenue&#039;s demand failed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=402587</link>
      <description>Sizing and crushing of coal on the assessee&#039;s own coal before title passed to buyers was treated as part of the sale/manufacturing process, not as production or processing of goods for or on behalf of a client under Business Auxiliary Service. The coal remained the assessee&#039;s property until delivery, the sizing charge formed part of the contracted sale price, and the activity was already subjected to central excise and VAT/CST, supporting the principle that manufacture and service tax are mutually exclusive levies. On those facts, sizing of coal was held not liable to service tax and the Revenue&#039;s demand failed.</description>
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