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2014 (3) TMI 565 - AT - Service TaxWaiver of pre deposit - re-consideration of the stay order directing pre-deposit of 25% after the matter remanded by the High Court - Penalty u/s 78 – Work contract service - taxability prior to 1-7-2007 - Abatement of 67% - Waiver of pre-deposit - the main plank of argument advanced on behalf of the applicant that since there is a cross-fall-breach clause specifying that breach of one contract would also constitute breach of other contract, hence, both these contracts should be read together and accordingly the entire project being a turnkey project, the same is taxable as works contract only w.e.f. 1-7-2007 and not prior to that - High Court remanded matter back for fresh consideration - Held that:- it would be just and appropriate to direct the Applicant to deposit the offered amount of Rs.1.00 crore pending disposal of the Appeal. - stay granted partly.
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