2013 (6) TMI 489

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....t is clinker, which is received by them through sea through ships. The said clinker is unloaded from the ships at the jetty and thereafter transported to their factory by availing services of transporters, namely, New Konkan Transport and M/s. Yashashree Transport. The appellant did not discharge service tax liability under the category of GTA service and accordingly a show cause notice dated 11/03/2010 was issued demanding service tax of Rs. 13,51,518/- along with interest. The notice was adjudicated and the demand was confirmed and equivalent amount of penalty under Section 78 and penalties under Section 76 and 77 of the Finance Act, 1994 were also imposed. The appellant preferred an appeal before the lower appellate authority who upheld ....

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.... appellant is rendering 'Cargo Handling Service', she refers to the work order given by the appellant to the transporters which indicates that the order is for loading and transporting of clinkers. The rate for loading is 40 paise per ton whereas transportation charges are Rs. 28.08 per ton. Thus, it is clear that transportation is the main activity and loading is only incidental or ancillary to the transportation work. Therefore, the demand for service under GTA service is correct in law. With regards to the argument that the appellant is eligible for benefit of Notification No. 34/2004-ST, she points out that this matter has been considered by the lower authorities and has been rejected on the ground that the said exemption applies to tra....