2013 (1) TMI 463

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.... M. Veeraiyan: Heard both sides on the stay petition. 2. The appellant has functioned as logistics provider in respect of imported goods for several parties. In this connection, they have engaged their counterparts in the foreign countries for getting the goods lifted from the suppliers' premises, undertaking consolidation and dispatching the goods to India . The appellants handled the docum....

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....me of freight but in excess of the actual freight. There is a demand of Rs.67,866/- under the category of BAS. There is also demand of interest besides imposition of penalty. 4.1. The learned Chartered Accountant submits that the differential amount collected from the importers represents their profit on transportation and cannot be treated as collected towards "cargo handling service" rendered....

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....nsole agents and the finding of fact by the original authority has not been rebutted by the appellants in their grounds of appeal. 6. We have carefully considered the submissions from both sides and perused the records. The submissions on behalf of the assessee that the differential amount is a profit made in freight appears, prima facie, not acceptable. Further we find that they have not rebut....