Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2019 (3) TMI 1379

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 nature of a composite contract and the demand raised therein is also under CICS - This being the case, this issue has been decided in favor of the taxpayer by the Hon’ble Apex Court in the case of Commissioner of C. Ex. & Cus., Kerala Vs. Larsen & Toubro Ltd. [2015 (8) TMI 749 - SUPREME COURT], where it was held that Works contract were not chargeable to service tax prior to 1.6.2007 - the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... an Damodhar, Member (Technical) And Shri P. Dinesha, Member (Judicial) Shri. K. Veerabhadra Reddy, ADC (AR) for the Appellant Shri. M. Karthikeyan, Advocate for the Respondent ORDER Per Bench: The assessee is registered with the Service Tax Department and is engaged in the business of cross country pipeline with Oil Gas Companies and also in various construction act .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 1994. The lower adjudicating authority vide Order-in-Original No. 91/2008 dated 29.12.2008 confirmed the demand, interest and also imposed penalty under Section 78 of the Act ibid. Thereafter, the assessee preferred an appeal before the Commissioner of Central Excise (Appeals), Chennai who vide impugned Order-in-Appeal No. 172/2009 (MST) dated 31.12.2009 allowed the appeal filed by the assessee ho .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... and the demand raised therein is also under CICS. This being the case, we find that this issue has been decided in favour of the taxpayer by the Hon ble Apex Court in the case of Commissioner of C. Ex. Cus., Kerala Vs. Larsen Toubro Ltd. 2015 (39) S.T.R. 913 (S.C.) followed by this Bench in the case of M/s/ Real Value Promoters Pvt. Ltd. Ors. Vs. Commissioner of G.S.T. Central Exci .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates