2009 (12) TMI 552

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....Kumar, C.A., for the Appellant. Ms. Joy Kumari Chander, Jt. CDR, for the Respondent. [Order per : M.V. Ravindran, Member (J)]. - This stay petition is filed for waiver of pre-deposit of the following amounts :- (a)     Service tax - Rs. 5,13,72,562/- (b)     Cenvat credit - Rs. 6,31,44,904/- (c)     Interest. (d)&nbsp....

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....n the valuation which is amounting to Rs. 5.13 crores (appx.), it is his submission that the amount of Service tax has arisen on the ground that the appellant has not included the cost of the diesel and explosives supplied by the service receiver i.e. M/s. Singareni Colleries Co. Ltd. It is his submission that the said diesel and explosives are given to them for the use of capital equipments and c....

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....d on the capital goods is correct because they have been claiming the activity as 'cargo handling' which is not so. It is her submission that they should have reversed the Cenvat credit with interest. It is her submission that the value for the diesel and explosives received by them from M/s. Singareni Colleries Co. Ltd. has to be calculated and included in the gross value of the service charges a....

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....ey received is diesel and explosives for the purpose of use in machinery for removal of over-burden using their own capital equipments. In our considered opinion, provisions of Section 67 may not get attracted in this case, because there is no consideration as such received by the appellant from M/s. Singareni Colleries Co. Ltd. towards any services. We also find that Rule 5 could be invoked only ....