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2016 (2) TMI 808 - DELHI HIGH COURT

2016 (2) TMI 808 - DELHI HIGH COURT - 2016 (41) S.T.R. 23 (Del.) - Waiver of pre-deposit - According to the Assessee the service component was between 25% and 44% of the turnover during the period in question. It is stated that in real terms the highest service tax demand worked out ₹ 26.8 lakhs whereas the CESTAT had asked the Assessee to deposit ₹ 17.5 lakhs (along with proportionate interest) which was about 65% of the highest possible service tax demand. - taxabiltiy of works con .....

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1. Allowed, subject to all just exceptions. 2. The application stands disposed of. SERTA 3/2015 & CM No.26469/2015 3. Notice. Mr Satish Kumar, Senior Standing counsel for the Revenue accepts notice. 4. The short question that arises in this appeal is whether the Customs Excise Service Tax Appellate Tribunal ( CESTAT ) was justified, by the impugned order dated 8th September 2015, in requiring the Appellant to make a deposit of ₹ 17.5 lakhs along with proportionate interest as a precond .....

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nfrastructure development of the country. 6. The Department issued to the Assessee a show cause notice on 30th March, 2012 for the period 2006-07 to 2010-11 proposing to levy service tax on all contracts executed by the Assessee, which included the contracts undertaken for the AAI. 7. By an order dated 18th June, 2013, the Adjudicating Authority confirmed the service tax demand by categorising the contracts undertaken by the Assessee as management, maintenance or repair service. Before the CESTA .....

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