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2013 (10) TMI 1112 - CESTAT AHMEDABADConstruction services – nature of receipt - advance or loan - Waiver of Pre-deposit - Held that:- The issue involved in the case is taxability of the amount received as an advance and the TDS deducted by various authorities - major portion of the amount is regarding Service Tax liability on the amount received by the appellant as loan - M/s J.R. Construction has very clearly stated that the said amount is indicated in the books of account as Unsecured Loan - If that be so, prima facie, loans cannot be considered as amount received as an advance and taxable under the provisions of Finance Act, 1994 - the appellant’s, have made out a prima facie case for waiver of the pre-deposit of amounts involved - Accordingly, the application for waiver of pre-deposit of amounts involved is allowed and recovery stayed till the disposal of appeal – Stay granted.
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