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TMI Blog2014 (12) TMI 920X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER Per: P.K. Das Both the applications are arising out of a common order and therefore both are taken up together for disposal. 2. The applicants are engaged in the business of construction of electrical installation work to various companies like BHEL, SFR Ltd., Dalmia Cements Ltd., Southern Railway etc. There is a demand of service tax of Rs. 71,82,478/- along with interest and penalty f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lassified in different category. Regarding the demand of tax of the balance amount of about Rs. 45,00,000/- after 01.06.2007, he submits that the demand was wrongly made under the category of Erection, Commissioning or Installation Service, in order to avoid to extend the benefit of abatement under Works Contract Service. He submits that they have already paid an amount of Rs. 23,34,352/- under Wo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is seen from the impugned order that the services rendered by them are supply of materials as erection commissioning or installation service. It is also noted that the applicants supplied the materials to the customers and therefore they have claimed the service under the category of works contract service for the period 01.06.2007 to 31.03.2010. At this juncture, the Ld. Advocate submits that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nterest and penalty would be waived and its recovery stayed till the disposal of the appeal. At this stage, the Ld. Advocate submits that they have already paid a sum of Rs. 23,34,352/-, which would be adjusted against the pre-deposit amount, subject to verification by the Divisional Office. The applicants are directed to approach the Divisional Office for verification of the said amount. Complian ..... X X X X Extracts X X X X X X X X Extracts X X X X
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