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Farhat Construction Versus CCE & ST, Raipur

2015 (10) TMI 575 - CESTAT NEW DELHI

Waiver of pre-deposit - Appellant provides services of maintenance or repair service and manpower recruitment service and contends that service recipient paid service tax on behalf of the Appellant for the period in issue and it had no intention to e .....

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e of final hearing but it is a factor to be taken into account at this interlocutory stage. - stay granted partly. - No. ST/Stay/52956/2014, ST/Misc./52957/2014 in ST/52484/2014-CU(DB) - Stay Order No. 53149/2015,Misc. Order No.53150/2015 - Dated:- 1 .....

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er-in-original dated 30.1.2014 in terms of which service tax demand of ₹ 1,09,65,371/- was confirmed along with interest and penalties on the ground that the appellant is registered under the category of maintenance or repair service and manpow .....

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aying service tax and remitted ₹ 30,32,877/-. Prior to that, it was not registered but for the period prior to 2009-2010 service tax was paid by M/s HSCL (the service recipient). 3. The ld. DR, on the other hand, stated that there was no eviden .....

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vice tax on behalf of the appellant as it is not possible for it to make such segregation. 4. We have considered the facts of the case and contentions of both sides. Prima facie, the leviability of service tax on the said services rendered by the app .....

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M/s HSCL and it had no intention to evade service tax. However, the issue of invocability of extended period requires detailed analysis which can be taken up only at the time of final hearing but it is a factor to be taken into account at this inter .....

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