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2016 (4) TMI 292 - DELHI HIGH COURT

2016 (4) TMI 292 - DELHI HIGH COURT - 2016 (43) S.T.R. 182 (Del.) - Waiver of pre-deposit - Order passed without considering the contentions of the appellant - Requiring the appellant to deposit ₹ 1.8 crores as pre-deposit along with proportioned interest - Held that: - in a similar appeal by a sister concern of the appellant, this Court noted a similar contention of the appellant and remanded the matter to the CESTAT for consideration of the appellant’s application for waiver of the pre-d .....

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ng counsel ORDER CM No.11997/2016 1. For the reasons stated in the application, the delay in filing the appeal is condoned. 2. The application stands disposed of. SERTA 9/2016 & CM No.11996/2016 3. This is an appeal filed by the Appellant against order No. SO/52657/2015 dated 28th July, 2015 and Misc. Order No M0/50076/2016-CU (DB) dated 9th February 2016 passed by the Customs, Excise & Service Tax Appellate Tribunal ( CESTAT ) requiring the Appellant to deposit ₹ 1.8 crores as pre .....

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contravention of the circular dated 24th August, 2010 issued by the Central Board of Excise and Customs clarifying that the activity had to be treated as a works contract. It is pointed out that the above jurisdictional issue of the exigibility of the works contract executed by the Petitioner to service tax by wrongly classifying it as construction service , despite having been specifically urged by the Appellant before it, has not been taken note of by the CESTAT. It is pointed out that a furt .....

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