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2016 (5) TMI 681 - DELHI HIGH COURT

2016 (5) TMI 681 - DELHI HIGH COURT - 2016 (41) S.T.R. 898 (Del.) - Waiver of pre-deposit - Tribunal passed order by setting aside only two contentions of appellant - Service tax demanded under the head Construction service was in contravention of circular dated 24th August, 2010 issued by CBEC clarifying that the activity had to be treated as a works contract and a distinction had to be drawn between the value of goods supplied as part of the works contract and the value of the services rendere .....

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ned order, the Court sets aside the impugned order and revives the stay application filed by the Appellant before the CESTAT for a fresh decision in accordance with law. - Appeal disposed of - SERTA No. 2 of 2016 & C.M. No. 2032 of 2016 - Dated:- 20-1-2016 - S. Muralidhar and Vibhu Bakhru, JJ. Shri C. Hari Shankar, Sr. Advocate with S. Sunil and S.K. Sarwal, Advocates, for the Appellant. Shri Satish Kumar, SSC with Agrim Bhasin, Advocate, for the Respondent. ORDER This is an appeal filed by the .....

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s the Service Tax demand is for a period subsequent to 2007 the demand under the head construction service was in 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 speci .....

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