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2015 (10) TMI 55 - CESTAT NEW DELHI

2015 (10) TMI 55 - CESTAT NEW DELHI - TMI - Waiver of pre deposit - Commercial or Industrial Construction Service - 67% abatement - Held that:- Work done for the UP Jal Nigam would not be covered under CICS, prima facie the same would be the case with regard to the work done for Delhi Jal Board. The appellant has an arguable case for the work done for Haryana Urban Development Authority relating to construction of 50 MLD main sewage pumping station for supplying treated water to residential loca .....

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ents of section 35F Central Excise Act, 1944 read with Section 83 of the Finance Act, 1994 - Partial stay granted. - Application No.ST/STAY/61449/2013-CU[DB], In Appeal No.ST/60403/2013-CU[DB] - Dated:- 4-8-2015 - G Raghuram, President And R K Singh, Member (T) For the Appellant : Shri B L Narasimhan, Adv For the Respondent : Shri Govind Dixit, DR ORDER Per: R K Singh: Stay application along with appeal has been filed against Order in-Original dated 24.08.2013, in terms of which service tax dema .....

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(Rs.) Total Service tax demand as per the impugned demand (Rs.) Total service tax demand (after abatement) (Rs.) Delhi Jal Board. Construction of 1 MGD 72,35,251 25,09,154 7,60,167 79,95,419 32,69,321 Akshardham Sewage Treatment Plant using Membrane bio-reactor technology for re-circulation of treated effluent for Common Wealth Games Village Haryana Urban Development Authority, Gurgaon Construction 50 MLD main sewage pumping station for supplying treated water to industrial localities 1,03,43,0 .....

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t the integrated lake treatment project to restore and develop the lakes 56,04,985 19,43,785 - 56,04,985 19,43,785 U.P. Jal Nigam, Lucknow Contract for laying down of pipelines to supply water to residential localities. - 1,19,96,840 1,19,96,840 1,1996,840 Total 2,93,19,712 1,01,67,949 1,36,45,874 4,29,65,586 2,38,13,824 2. The appellant has contended that (i) in respect of first Show Cause Notice, 67% abatement has not been given, which it was entitled to. (ii) Construction of 50MLD main sewage .....

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sewerage of construction of sewage pumping station for Common Wealth Games village would also not be covered under the scope of CICS, (v) the demand has been raised for the extended period while there was no suppression or wilful misstatement of facts. 3. Ld. Departmental Representative on the other hand stated that the work done for Karnataka Industrial Area Development Board and the Hyderabad Urban Development Authority should be counted towards CICS as these were commercial bodies. However, h .....

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