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2016 (6) TMI 277 - CESTAT BANGALORE

2016 (6) TMI 277 - CESTAT BANGALORE - TMI - Stay application - Waiver of pre-deposit - Demand of differential Service tax along with interest and penalty - Section 76, 77, & 78 of the Finance Act 1994 - before 01.06.2007, appellant was paying service tax under commercial and residential construction services but with effect from 01.06.2007 they started paying service tax under the category of works contract on the basis of composition scheme in respect of contracts which were entered into prior .....

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DB - Stay Order/Misc Order No. 20173/2016 - Dated:- 12-5-2016 - Shri S.S. Garg, Judicial Member and Shri Ashok K. Arya, Technical Member For the Appellant : Mr. B.G. Chidananda, Adv For the Respondent : Mr. Ajay Saxena, A.R. ORDER The applicant has filed the present application for grant of stay against the order of Commissioner of Service tax in order-in-original No. 53/2011 dated 28.2.2011 confirming the demand of service tax of ₹ 60,85,944/- under the category of construction service al .....

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and industrial construction category or under residential complex category and accordingly show-cause notice was issued to the applicant demanding differential service tax to the tune of ₹ 60,85,944/- along with interest and penalty. On adjudication the same was confirmed by the impugned order dated 28.2.2011. 2. Learned counsel for the applicant submitted that the proceedings against the applicant are without the authority of law, as the activity of works contract is liable to service ta .....

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