Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2013 (7) TMI 125

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... or waiver of Service Tax of Rs.29,39,866/-, interest thereof and penalties under Sections 76, 77 & 78 of Finance Act, 1994. 2. The above said amounts have been confirmed by adjudicating authority and upheld by the first appellate authority as Service Tax liability on the appellant on the ground that the appellant has not discharged the Service Tax liability on the services rendered under Erection .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... services of erection, commissioning and installation and also maintenance & repair services. It is his submission that both the lower authorities have overlooked this fact that there was no intention to suppress the amount received by the appellant from their customers and they were under the bonafide belief that outsourcing of cabling work is not a taxable event in their account. It is also his .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ity from the appellant on the amount received by them and accounted towards cabling job. It is undisputed that the appellant is outsourcing the cabling work. It is also undisputed that the sub-contractor who is completing the job of cabling, is not discharging any Service Tax liability. We also find from the records that the appellant has been filing the Service Tax returns as he is registered on .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ot fastened upon the appellant. At the same time, we are of the view that the appellant has made out a case for the benefit of Notification No.1/2006-ST. In view of the above, we find that the appellant needs to be put some condition to hear and dispose the appeal. 7. Accordingly, we direct the appellant to deposit an amount of Rs.1 lakh (Rupees One Lakh only) within a period of eight weeks from .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates