9911796707
TMI Blog2009 (1) TMI 461X X X X Extracts X X X X X X X X Extracts X X X X ..... firm itself. Held that - partnership agreement and deed of confirmation prima-facie, belonged to assessee. Thus, the assessee had made out a case for waiver of pre-deposit requirement. - ST/692 OF 2009 - 48 OF 2010 - Dated:- 18-1-2009 - M.V. RAVINDRAN, JUDICIAL MEMBER AND P. KARTHIKEYAN, TECHNICAL MEMBER A.K.J. Nambiar for the Appellant. V. Raja Ram for the Respondent. ORDER M.V. Ravindran, Judicial Member - This application is filed by the applicant for waiver of pre-deposit of the following amounts : (i) Duty Rs. 50,43,302 (Rupees fifty lakhs forty three thousand three hundred and two only) under section 73(2) of the Finance Act, 1994, (ii) Demand of Rs. 1,00,866 (Rupees one lakh eight hundred and sixty six o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hip Act, 1932 and he would also exhorts to go through the O-I-O from the findings of the Adjudicating Authority. 3. It is his submission that the partnership deed which was entered into by the partners be read and more specifically clause 8 and consequent to the partnership deed the deed of assignment be also read. 4. Learned SDR on the other hand would submit that the appellant herein is providing the services of "Construction of Complexes". It is his submission that the land belonging to a private firm called S.R.K. Gold Earth Constructions Pvt. Ltd. whose Managing Director is a partner of this appellant and partnership firm is consisting of another partner who a private company wherein also the same director is involved. It is his su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e also find that as per the provisions of section 14 of the Indian Partnership Act, 1932, it includes contracted property of the firm includes all property and rights and interests in property originally brought into the stock of the firm, or acquired, by purchase or otherwise, by or for the firm, or for the purposes and in the course of business of the firm, and includes all the goodwill of the business. Prima facie, on perusal of the agreement i.e., partnership agreement and deed of confirmation, we find that the property on which the activity of construction has taken place is of the appellant. We find that the decision of the Hon'ble High Court of Gauhati in the case of Magus Construction (P.) Ltd. v. Union of India [2008] 15 STT 9, pri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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