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    <title>2024 (7) TMI 753 - CESTAT KOLKATA</title>
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    <description>Composite open cast mining contracts covering removal of overburden, excavation, blasting, loading, unloading and transportation were treated as mining operations, not as site formation, excavation, earth moving or demolition services for the period before 01.06.2007. The work could not be split into separate taxable components when its essential character was mining and removal of overburden was only incidental to the overall mining activity. Because mining services entered the service tax net only from 01.06.2007, the same activity was not liable to tax under a general service head for the earlier period. On that basis, the demand, interest and penalties were set aside and the revenue challenge failed.</description>
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      <description>Composite open cast mining contracts covering removal of overburden, excavation, blasting, loading, unloading and transportation were treated as mining operations, not as site formation, excavation, earth moving or demolition services for the period before 01.06.2007. The work could not be split into separate taxable components when its essential character was mining and removal of overburden was only incidental to the overall mining activity. Because mining services entered the service tax net only from 01.06.2007, the same activity was not liable to tax under a general service head for the earlier period. On that basis, the demand, interest and penalties were set aside and the revenue challenge failed.</description>
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