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2016 (3) TMI 488 - ALLAHABAD HIGH COURT

2016 (3) TMI 488 - ALLAHABAD HIGH COURT - 2016 (42) S.T.R. 247 (All.) - 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 there is no assessment order against the petitioner. Therefore, the petitioner cannot be forced to pay the amount as per the statement recorded. - Writ petition disposed of - Wri .....

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builders under a works contract. It is alleged that under the agreement, 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 petitioner on 21.04.2015. In their statements, the petitioners admit that they are liable to pay service tax. Based on this statement, the petitioner was arrested on 22.04.2015, for non-d .....

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ioner to pay 25% of the entire outstanding. The petitioner contends that 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 admission made by the petitioner, the respondents are forcing the petitioner to pay the amount of service tax without there being any formal adjudication under Section 73 of the Finan .....

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