TMI Blog2011 (5) TMI 290X X X X Extracts X X X X X X X X Extracts X X X X ..... e tax on works contract - Held that: - The work is recognized by its nature and incidence of tax depends on the nature of activity. The prospectivity and restrospectivity taxation is not the intention of the Board as is apparent from the Circular. Board has deliberately used the word "undergo a change" in the Circular. By such conception, Revenue decided to provide a more convenient classification ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o ownership of the material for which he does not retransfer the same by providing the service warranting a demand of Rs.4,14,743/-. 2. The second stroke of demand of Rs. 14,81,687/- covered by total demand of Rs. 18,96,429/- relates to execution of works contract which became taxable w.e.f. 01.06.07. The taxability of such a service has been explained by CBEC in its Circular No.128/10/2010-ST, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... different entry have suffered tax under the entry commercial or industrial construction service and construction of complex service. Therefore, pre-deposit may not be insisted for wrong classification and taxation. 4. Ld. DR supports the order of the authority below. 5. We have heard both sides and perused the record. 6. It may be stated that taxability of the value material supplied by cont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oked into the Circular mentioned before us as aforesaid. We are of the view that when Board has conceived that long term contracts having elements of certain nature of taxable service were intended to be brought to the ambit of the changed classifications to fall in to the entry of works contract, this does not appear to alter the nature of activity carried out by an assessee in the past. The work ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 007-08, taking into account intention of Board demonstrating taxability of the activity carried out, prima-facie, we do not fund reason to waive requirement of pre-deposit for which we direct the appellant to make pre-deposit of Rs. 10 lakhs (Ten lakhs only) within 8 weeks from today and make compliance on 01.09.2011. Subject to compliance, realization of the balance amount shall be stayed during ..... X X X X Extracts X X X X X X X X Extracts X X X X
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