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2009 (5) TMI 835 - AT - Service TaxBuilders - taxability - waiver of pre-deposit - Held that - the applicants are not liable to pay any Service Tax on their activity as the applicants are builders. Further when the liability itself is not sustainable Revenue has demanded differential service tax by including the value of the land which is not sustainable - demand of pre-deposit stayed.
The Appellate Tribunal CESTAT Bangalore ordered waiver of pre-deposit for Service Tax, Education Cess, interest, and penalties. Revenue cannot take coercive measures until appeal disposal. Stay order remains even after 180 days.
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