2025 (7) TMI 2026

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....MBER (JUDICIAL) AND HON'BLE MR. A.K. JYOTISHI, MEMBER (TECHNICAL) For the Appellant : Shri Sumit Goyal, Advocate For the Respondent : Shri V.K. Jain, Authorized Representative Dr. Rachna Gupta: M/s ACB India Ltd. formerly known as M/s Spectrum Coal & Power Ltd. [the appellant herein] is registered with the service tax department for providing Mining of Minerals, Oil or Gas and Business....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....es were also proposed vide both the show cause notices. Both of them were adjudicated initially vide Order-in-Original No. 16-17/2020-21 dated 28.9.2020 confirming the proposal. Being aggrieved of that order-in-original, the appellant is before this Tribunal. 2. We have heard Shri Sumit Goyal, learned counsel for the appellant and Shri V.K. Jain, learned Authorized Representative for Revenue. ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....in the present appeal is with respect to the taxability on the amount of "Corporate Guarantee". However, the findings of the impugned order have been reiterated. 5. Having heard both the parties and we have observed that the demand in the present case was initiated/proposed on the observation that the appellant had made disclosures of "Corporate and Performance Guarantee" given to certain banks....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....hese circumstance, in view of such conclusive finding of both forums, we see no reason to admit this case basing upon the pending Civil Appeal No. 428 @ Diary No. 42703/2019, particularly when it has not been demonstrated that the factual matrix of the pending case is identical to the present one." 6. This Tribunal also vide Final Order No. 51556/2023 has followed the aforesaid decision of Hon'....