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2015 (11) TMI 622 - CESTAT KOLKATA

2015 (11) TMI 622 - CESTAT KOLKATA - TMI - Waiver of pre deposit - Works Contract Services & Construction of Residential Complex Services - Held that:- Appellant did not co-operate during the investigation and adjudication proceedings. Various points raised by the appellant in the grounds of this appeal as well as during the course of hearing were not brought out and argued before the Adjudicating authority. The matter is, therefore, required to be remanded to the Adjudicating authority for fres .....

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r : Shri N.K. Chowdhury, Adv. For the Respondent : Shri S. Sharma, Commr.(AR) ORDER Per Dr. I.P. Lal. This Appeal has been filed by the appellant against Order-in-Original No.11/Commr/ST/GHY/13-14 dated 29.01.2014 passed by the Commissioner of Central Excise & Service Tax, Guwahati as Adjudicating Authority. Under this Order-in-Original dated 29.01.2014 Adjudicating authority has confirmed Service tax demand of ₹ 3,43,67,670/- against the appellant along with interest and also penaltie .....

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dvocate that main contractors, to whom the appellant has provided services, have already discharged Service tax liability to the tune of ₹ 2,27,71,580/- on the services rendered by the main contractors. 3. Shri S.Sharma, Commr.(AR) appearing for the Revenue argued that appellant is a service provider and is required to discharge Service Tax at appropriate rate. That if main contractor is also paying Service Tax then Service Tax paid by the appellant as sub-contractor can be taken as CENVAT .....

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