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Alcatel Portugal SA Versus Commissioner Of Service Tax, Delhi

2016 (2) TMI 257 - CESTAT NEW DELHI

Waiver of pre-deposit - Erection, commissioning or installation service during the period prior to 1.6.2007 for Delhi Metro Rail Corporation Ltd. - ambit of Section 65(105)(zzd) of the Finance Act, 1994 and consulting engineer service enumerated unde .....

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cation No. 50804 of 2014 In Service Tax Appeal No. 50645 of 2014 - STAY ORDER NO. 50010/2016 - Dated:- 4-1-2016 - G RAGHURAM, PRESIDENT AND R K SINGH, MEMBER (TECHNICAL) For the Petitioner : Shri B L Narasimhan, Adv. For the Respondent : Ms Neha Garg .....

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tion, commissioning or installation service during the period prior to 1.6.2007 for Delhi Metro Rail Corporation Ltd. falling within the ambit of Section 65(105)(zzd) of the Finance Act, 1994 and consulting engineer service enumerated under Section 6 .....

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e. 2. That the services provided by the appellant to Delhi Metro Rail Corporation Ltd. are under agreement which are indivisible and composite works contracts is prima facie established qua the nature and terms of the agreements entered into between .....

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pply, installation, testing and commissioning of train control, signaling and telecommunication system known as SYS - 1 contract. Paragraph 1.1.5.1 of the General Conditions of the Contract sets out definitions and interpretation of the terms in the .....

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ng) and remedying of any defects in accordance with the provisions of the contract. Paragraph 1.1.6.11 of the General Conditions defines Works as meaning both permanent and temporary or services to be carried out, designed , manufactured, fabricated, .....

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their accessories for due execution of the works. 4. On true and fair construction of the contract and in the light of the catena of binding precedents, commencing with the decision of the Supreme Court of India in Builders Association of India - 19 .....

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