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Prosper Build Home Pvt. Ltd. And Another Versus Union of India And 2 Others

2016 (3) TMI 488 - ALLAHABAD HIGH COURT

Writ petition - Seeking a writ of mandamus - Assessment of correct liability of Service tax - Held that:- the matter is still under investigation and the process to issue a notice for making an assessment under the Act is under contemplation. Also th .....

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And Hon'ble Vinod Kumar Misra, JJ. For the Petitioner : Ved Byas Mishra For the Respondent : Amit Mahajan ORDER The petitioner has filed the present writ petition seeking a writ of mandamus commanding the respondents to assess the correct liabil .....

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, the petitioner is liable to pay service tax w.e.f. 01.07.2012. It transpires that the Service Tax Department made an investigation and recorded the statement of Dharmendra Singh Chauhan on 18.03.2015 and the statement of Suresh Yadav, the petitione .....

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. The petitioner was, subsequently, enlarged on bail from the court of the Chief Judicial Magistrate subject to certain conditions, namely, with regard to deposit of service tax. The petitioner filed a time extension application, which was rejected a .....

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the interim order has been complied and 25% of the entire outstanding has been deposited, which fact has been disputed by the learned counsel for the respondents. The petitioner has now filed the present writ petition praying that based on the admis .....

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vice tax but now contends that under legal advice, no service tax is liable to be paid on the material supplied, free of cost, by the petitioner, but the said objection through representation is not being addressed by the authority and, on the other .....

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the learned counsel for the respondents, we find that the matter is still under investigation and the process to issue a notice for making an assessment under the Act is under contemplation. The upshot is, that at the present moment, there is no ass .....

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