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2015 (9) TMI 1329 - CESTAT CHENNAI

2015 (9) TMI 1329 - CESTAT CHENNAI - TMI - Waiver of pre deposit - Commercial & Industrial Construction Service, Construction of Residential Complex Service, Dredging Service, Management & Maintenance Service and Erection & Commissioning service - Held that:- Taking into consideration Tribunal's stay order [2013 (12) TMI 495 - CESTAT CHENNAI] in appellant's own case, and also taking into consideration the value of construction commercial construction activity disputed by the appellant as non-com .....

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the stay applications are taken up together for disposal. 2. The adjudicating authority vide OIO No.8/2013-ST dt. 7.10.2013 confirmed the demand of ₹ 5,23,52,898/- and vide OIO No.5/2014(ST) dt. 28.3.2014, confirmed the service tax demand of 17,48,04,501/- under Commercial & Industrial Construction Service, Construction of Residential Complex Service, Dredging Service, Management & Maintenance Service and Erection & Commissioning service etc. and also imposed equivalent penalt .....

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e & E&I Service undertaken to Tamil Nadu Govt under JNNURM & Rajiv Awaas Yojana which is exempted under Notification No.28/2010-ST dt. 22.6.2010. If the amount attributable to above projects is excluded then the demand comes to approx. ₹ 7 crores. He further submits that they are eligible for cum tax benefit and abatement. On identical issue, in their own case, vide MISC Order No.42766/2013 dt. 25.11.2013, this Tribunal Bench ordered predeposit of ₹ 50 lakhs and the Hon&# .....

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