9911796707
TMI Blog2016 (8) TMI 246X X X X Extracts X X X X X X X X Extracts X X X X ..... hri Sanjay Jain, AR ORDER This stay application has been filed by M/s.P.S. Construction seeking to stay recovery of dues of service tax confirmed amounting to Rs. 2,02,74,083/- and equivalent penalty imposed. The demand has been raised on the ground that the figures revealed by the appellant in their ST-3 returns were significantly different from the figures revealed by the appellants in their 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he demand cannot be confirmed for the said period. He also relied on the decision of the Tribunal in the case of ATR Constructions Pvt.Ltd.-2014 (35) STR 92 to assert that the value of free supply could not be included in the gross consideration received and therefore denial of No. 1/2006-ST dated 1.3.2006 is incorrect. He further argued that a lot construction has been done by them which was of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uments. We notice that the larger bench of the Tribunal in the case of Bhayan Builders Pvt.Ltd.2013 (32) ELT STR 49 has observed as follows: 16. In conclusion we answer the reference as follows: (a) The value of goods and materials supplied free of cost by a service recipient to the provider of the taxable construction service, being neither monetary or non-monetary considera ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing and power house, etc. 6. In view of above, we find that pre-deposit of Rs. 5 lakh (Rupees five lakh) would be sufficient to comply with the provisions of section 35F of Central Excise Act, 1944. The said deposit is to be made by the applicant within four weeks of this order. On such compliance demand of duty, penalty and interest would be stayed till disposal of the appeals. Compliance to be ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
