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2013 Supreme(Mad) 1808

R.BANUMATHI, K.RAVICHANDRA BAABU
Leaap International Pvt. Ltd. – Appellant
Versus
Commissioner of Service Tax – Respondent


Advocates:
Advocate Appeared:
For the Appellant:Arvind P. Datar, Senior Counsel for K. Vaitheeswaran, Advocate.
For the Respondent:V. Sundareswaran, Advocate.

Judgment :-

R. Banumathi, J.

1. The above appeal is filed by the Assessee against the order passed by Customs, Excise and Service Tax Appellate Tribunal, Chennai (CESTAT) in Miscellaneous Order No.403892013 dated 04.02.2013, directing the Assessee to make pre-deposit of Rs.30 lakhs as against the service tax of Rs.1,38,23,529/- and penalty of Rs.1,38,23,529/-.

2. Assessee – M/s.Leaap International Private Limited, Chennai, a Proprietorship firm is engaged in providing Custom House Agent Service, Business Auxiliary Service and Business Support Service. Assessee is registered with Service Tax Commissionerate, Chennai and their Service Tax Registration Number is AAACL1251FST001. Assessee provide cargo space already booked by them in Airlines/Ship for their clients use for export of goods. Assessee pays charges for space bookings to the respective Airlines/Steamer Agents. Whenever consignment of their customers are sent using the space booked, Assessee charge their customers freight charges for the transportation of the goods by the respective Airlines/Steamer Agents. While charging their customers towards freight charges for the cargo booked, the Assessee is said to be collecting extr



























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