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2015 (11) TMI 1480 - AT - Service TaxWaiver of pre deposit - "Commercial or Industrial Construction Service" (CICS) and "Construction of Complex Service" (CCS) - Held that:- Substantial amount of demand amounting to more than ₹ 55 lakhs pertains to construction of houses under JNNURM which prima facie was not liable to service tax in view of the CBEC circular cited by the appellant. There is also force in the contention of the appellant that the value of goods was not includible in the assessable value. The taxability of the other services rendered requires a careful examination. We do note that in the case of BG Shirke Construction vs CCE, Pune [2013 (2) TMI 584 - CESTAT MUMBAI] CESTAT granted stay in respect of construction of the sports stadium stating that this prima facie would not be covered under the scope of CICS. We also notice that the appellant has deposited ₹ 26,45,334/- towards the impugned service tax liability. - amount already deposited meets the requirement of section 35F of the Central Excise Act, 1944 read with section 83 of the Finance Act, 1994 and accordingly we waive the requirement of any further pre-deposit and stay recovery of the remaining impugned liability during pendency of the appeal. - Stay granted.
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