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2015 (6) TMI 916 - AT - Service TaxSite formation and clearance excavation & earthmoving & demolition - Whether the respondent while executing a work order awarded to them by Goa State urban Development Agency (GSUDA) for a project name Construction of Market-Cum Community Hall and Park Phase-I Land Development had provided the taxable service of Site formation and clearance excavation and earth moving and demolition under Section 65(97a) of the Chapter V of the Finance Act 1994 - Held that - Site formation basically refers to earth work or activities related to earthwork or at the most drilling for the passage of cables or drain pipes. Whereas the activities undertaken by the respondent indicate a comprehensive works contract which includes appreciable RCC work for foundations columns and walls apart from construction of walls laying of pipes. The definition includes creation of passages for pipes. It does not include laying of pipes itself. There is merit in the finding of the Commissioner (Appeals) that if such works are held to be taxable under the site formation service then every such project would involve the activity of site formation. Revenue could at most tax only that part of the contract which involves site formation and related earthwork and not the entire works. But that has not been done by Revenue. Be that as it may the total activities undertaken cannot be categorized under the Site Formation service. The nature of work is more akin to a comprehensive works contract. - Therefore we hold that the work undertaken by the respondent cannot be termed as an activity of Site formation and clearance excavation & earthmoving & demolition . - Decided against Revenue.
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