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2015 (9) TMI 1446 - CESTAT NEW DELHI

2015 (9) TMI 1446 - CESTAT NEW DELHI - TMI - Demand of service tax from the Sub-contractor - Commercial construction services - Appellant contended that the main contractor in regard to the service recipient had already discharged the tax liability on the service rendered - Held that:- when service tax can be demanded either from the subcontractor or from the main contractor, when the main contractor has paid the service tax, the subcontractor is not required to pay service tax for the same serv .....

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ontractor. A show cause notice was issued for the period 2006-07 to 2008-09 proposing demand of service tax for providing taxable services of commercial construction services. The appellants defended the SCN contending that they were only subcontractor and M/s Umesh Construction Company who was the main contractor in regard to the service recipient had already discharged the tax liability on the service rendered. They also produced a certificate from the main contractor to the effect that servic .....

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