2019 (7) TMI 771

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....Brief facts of the case in these appeals are that the appellants were undertaking work of loading and transport of coal in the mining area of South Eastern Coal Fields Limited. They entered into two separate agreements - one for loading of coal from coal face (i.e. the area where coal is found in its natural state) into tipper trucks and the other for transportation of coal from the coal face to Railway siding/ dumps/ stock yards within the mining area. For the first category of contract, the appellants had been discharging service tax under the category of 'Mining Services' classifiable under Section 65 (105) (zzzy) for Finance Act, 1994. The dispute in the present appeal relates to the tax liability of the appellants for the activities ca....

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.... 1106 Cestat-New Delhi], wherein it is held as under; "3. Accordingly, the impugned show cause notices have been issued by the Revenue and in all the above-mentioned 4 cases these show cause notices have been confirmed by the learned Commissioner, Raipur. The learned Consultant appearing on behalf of above-mentioned appellants have contended that two periods are involved in the above-mentioned appeals for the purpose of levy of service tax viz. : (I) that prior to negative list regime pertaining to period 01/04/2012 to 30/06/2012 and thereafter in the post negative regime from 01/07/2012 to 31/03/2013. It has been mentioned by the learned Consultant that for both the above-mentioned periods the issue is settled by the judgment of H....

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....bunal in its latest decision in case of H.N. Coal Transport Pvt. Ltd. and others vs. CCE & ST, Raipur has decided in its final order No. 52632-52633/2018 dated 23/07/2018 wherein this Tribunal has found that since the service provided by the appellants within mining area has already been classified by Hon'ble Supreme Court in Singh Transporters case (supra) even in the post negative regime w.e.f. 01/07/2012 the appellants are entitled for abatement on the value of services provided by them and since the service tax has already been paid by the service recipient after availment of the abatement and, therefore, no service tax liability remains with the appellant. The relevant extract of the order is reproduced below :- "13. W.e.f. 01....