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2016 (6) TMI 832 - CESTAT NEW DELHI

2016 (6) TMI 832 - CESTAT NEW DELHI - TMI - Demand of service tax - construction of quarters for personal use of staff of RSRDC - construction of Daramshala - Held that:- the staff quarters were made by the appellant as sub-contractor engaged by a contractor and therefore the exclusion clause does not come to its rescue as that reuired the engagement of the contract directly by RSRDC to be covered under the exclusion clause in Section 65(105)(zzzh) of Finance Act, 1994. - The Daramsala cons .....

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facie case is not favor of assessee - Stay granted partly. - Service Tax Stay Application No.ST/S/51354/2014-CU[DB] in Service Tax Appeal No.ST/51161/2014-CU [DB] - STAY ORDER NO. 50673/2016 - Dated:- 31-5-2016 - Mr. S.K. Mohanty, Member (Judicial) and Mr. R.K. Singh, Member (Technical) For the Appellant : Ms. Rinki Arora, Advocate For the Respondent : Mr. Rajeev Gupta, D.R. ORDER Stay application alongwith appeal has been filed against Order-in-original No. -JAI-EXCUS-001-COM-073-13-14 dated 31 .....

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s Dharamsala (iii) M/s.Kishangarh Hi-tech Textile Park Ltd.(KHTPL) got the building constructed for staff welfare and not for commercial purpose as has been certified by the appellant vide certificate given at page 153 of appeal paper-book. (iv) There was no willful misstatement or suppression of facts. 2. Ld. D.R. on the other hand argued that (i) with regard to the construction of quarters, the appellant was only a sub contractor and was not directly engaged by RSRDC and therefore the exclusio .....

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