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2014 (10) TMI 132 - CESTAT BANGALOREWaiver of pre deposit - Valuation - Works contract service for several government departments - Held that:- Execution of the works contract had commenced prior to 7-7-2009 and receipt of the consideration for providing such works contract service to NTPC was also prior to 7-7-2009. The inclusion of the value of the transaction covered by the supply contract for assessing the Service Tax liability though after granting the benefit of the composition scheme is therefore, prima facie, unsustainable. The Service Tax liability on the value of the transaction covered by the supply & service works contract is ₹ 36,65,120/-. During personal hearing on 29-1-2013 before the adjudicating authority, the petitioner asserted to have remitted ₹ 6,01,093/- and interest of ₹ 2,07,570/- on an assumption that it had provided Business Auxiliary Service (BAS) to NTPC, on the component of the 5% commission received from NTPC. Prima facie, the classification of the service as works contract service and as concluded by the adjudicating authority and not BAS as the petitioner assumed, appears to be unassailable. The petitioner is however entitled to take credit of the amount of ₹ 6,01,093/- already remitted, but for BAS. On this analysis, the balance Service Tax liability of the petitioner in respect of the transaction value of works contract provided to NTPC is ₹ 30.65 lakhs (approximately) - Conditional stay granted.
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