2016 (10) TMI 240

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Del.). 2.  The facts of the case are that the appellant were providing buses to M/s Gujarat Ambuja Cement Ltd. company on contract basis for plying their employees from their factory to residence and vice-versa. The Revenue is of the view that during the impugned period i.e. April 2002 to February 2006 the activity undertaken by the appellant falls under the category of I tour operator service', therefore, a show cause notice dated 25th January 2007 was issued by invoking extended period of limitation to demand service tax from the appellant under the category of tour operator service. The matter was contested by the appellant but demand of service tax was confirmed. Aggrieved from the said order, the appellant is before us. ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r intra-State transportation of passengers, excluding tourism, conducted tours, charter or hire service, from whole of the Service Tax leviable thereon under Section 66 of the said Finance Act, which has been made applicable retrospectively w.e.f. 1-4-2000. As the said Notification and the Finance Act, 2011 were not contested by M/s. Capri before the adjudicating authority, therefore, matter needs examination at the end of the adjudicating authority in the light of the decisions of this Tribunal placed before us by the ld. Counsel for M/s. Capri and to decide whether M/s. Capri is liable to pay Service Tax under the category of 'tour operator' or not. Therefore, the matter needs examination at the end of the adjudicating authority. ....