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Satya Prakash Builders Pvt. Ltd. Versus CCE & ST, Jaipur-I

2016 (3) TMI 137 - CESTAT NEW DELHI

Waiver of pre-deposit - Management, Maintenance and Repair Services - Whether notional interest to be taken as value of service - Appellant contended that there is no provision under Service Tax law to adopt notional interest as value of taxable serv .....

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ation received from an individual member by the said society for providing the said services does not exceed three thousand rupees per month is exempt - Held that: as the appellant provided Management, Maintenance and Repair Services and is not a res .....

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ransferred to the welfare association as contended by the appellant but the corpus amount was not transferred by the appellant during the period and it earned interest thereon. Therefore, the notional interest reasonably represents the value of the s .....

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: Shri Alok Kothari, Advocate For the Respondent: Shri Amrish Jain, AR ORDER PER: R.K.SINGH Stay application alongwith appeal has been filed against Order-in-Appeal dated 09.10.2013 in terms of which service tax demand of ₹ 9,96,844/- along wi .....

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lat owner taken as corpus fund . 2. The appellant has contended that there is no provision under Service Tax law to adopt notional interest as value of taxable service and as per Notification No.8/07-ST dated 1.3.2007 taxable services specified in cl .....

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rvices does not exceed three thousand rupees per month is exempt. It also contended that there was no wilful mis-statement/suppression of facts and therefore part of the demand is time barred. 3. Learned DR, on the other hand, stated that the appella .....

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llected is a reasonable. 4. We have considered the contentions of both sides. It is a fact that the appellant is not a resident welfare association. Therefore, Notification No.8/07-ST dated 1.3.2007 is not applicable to it. It is also a fact that the .....

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ly amount of ₹ 3 lakh per flat owner was collected for this purpose although corpus fund was to be transferred to the welfare association as contended by the appellant. During the period, the corpus amount was not transferred by the appellant, .....

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