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Despatch Money Cannot Be Taxed as Port Service Due to Lack of Independent Activity
Case Law Details
- Case Name
- Rashtriya Ispat Nigam Pvt. Ltd. Vs Commissioner of Central Excise & Service Tax (CESTAT Hyderabad)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All CESTAT, CESTAT Hyderabad
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Rashtriya Ispat Nigam Pvt. Ltd. Vs Commissioner of Central Excise & Service Tax (CESTAT Hyderabad)
The appeal concerns whether “despatch money” received by the appellant can be classified as a taxable service under “port service” as defined in the Finance Act, 1994. The adjudicating authority had confirmed a demand of ₹2.58 crore along with an equal penalty on the ground that such despatch money constituted consideration for services rendered to vessel owners.
The appellant, a Government of India undertaking engaged in importing raw materials, enters into charter...



