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2011 (5) TMI 290 - AT - Service TaxWaiver of pre-deposit - demand - Held that: taxability of the value material supplied by contractee in respect of the service provided under Finance Act, 1994 is under challenge before High Court of Delhi - requirement of pre-deposit waived Demand in respect of work contract - pre and post levy of service tax on works contract - Held that: - The work is recognized by its nature and incidence of tax depends on the nature of activity. The prospectivity and restrospectivity taxation is not the intention of the Board as is apparent from the Circular. Board has deliberately used the word "undergo a change" in the Circular. By such conception, Revenue decided to provide a more convenient classification of the past activity considered to taxable under the frame of works contract. - no reason to waive requirement of pre-deposit - stay granted partly.
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