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2014 (7) TMI 787 - AT - Service TaxWaiver of pre deposit - Benefit of concessional rate of service tax @ 2% available under the Works Contract Rules - Availment of option required under sub-rule (3) of Rule 3 - Held that:- though the Applicant claimed to have exercised their option on 12-7-2007, but on a prima facie view, the option would be considered to have been exercised from the date of receipt of the said option by the Department. Thus, prima facie, the Applicant are required to pay service tax without the benefit of Works Contract Rules, till the said option was exercised i.e., on 10-9-2007, when it was received by the Department relating to the ongoing projects. Gross amount received in the month of August, was ₹1,93,77,870 and the amount of service tax payable on the same worked out to be ₹20,51,672 - for the month of September, 2007, there are no details in the Notice of the amount received as on 10-9-2007 and the corresponding service tax short paid. No financial hardship was pleaded - Conditional stay granted.
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