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2013 (7) TMI 125 - AT - Service TaxStay petition service tax liability not discharged services rendered under erection, commissioning and installation services appellant contended that there was no intention to suppress the amount and outsourcing of cabling work is not a taxable event in their account the sub-contractor who is completing the job of cabling, is not discharging any Service Tax liability Held that - The amount of Service Tax liability is within the limitation period - the entire issue as regards activities conducted by the appellant would fall under Service Tax net or not needs to be considered in detail small amount to be deposited by the appellant stay granted.
Issues:
1. Stay petition for waiver of Service Tax, interest, and penalties under Sections 76, 77 & 78 of Finance Act, 1994. 2. Service Tax liability on services rendered under Erection, Commissioning, and Installation services. 3. Outsourcing of cabling work and its tax implications. 4. Benefit of Notification No.1/2006-ST and No.12/2003-ST. 5. Extended period of limitation for demanding Service Tax liability. 6. Requirement of pre-deposit for appeal disposal. Analysis: 1. The appellant filed a Stay Petition seeking waiver of Service Tax, interest, and penalties. The amounts were confirmed by the adjudicating authority as Service Tax liability on the grounds of non-payment for services under Erection, Commissioning, and Installation. The appellant argued that they outsourced cabling work and discharged tax on consolidated bills, maintaining separate accounts for cabling charges. They claimed registration for the services provided and sought the benefit of specific notifications. 2. The Department contended that the appellant failed to disclose the amount received for cabling work, leading to the imposition of liability. The Tribunal noted the invocation of the extended limitation period for demanding Service Tax on outsourced cabling. It acknowledged the appellant's registration and separate record-keeping but highlighted a liability within the limitation period. The Tribunal deferred a detailed examination of the activities for the final appeal disposal. 3. The Tribunal recognized the possibility of liability imposition due to the limitation period but also acknowledged the appellant's eligibility for the benefit under Notification No.1/2006-ST. Consequently, the Tribunal directed the appellant to deposit a specified amount within a set timeframe and report compliance. Upon compliance verification, the Tribunal allowed waiver of pre-deposit for the remaining amounts, pending appeal resolution. This comprehensive analysis highlights the key legal issues, arguments presented by both parties, the Tribunal's considerations, and the directives issued regarding the Service Tax liability, outsourcing of cabling work, and the procedural requirements for appeal disposal.
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