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M/s Raghava BVSR JV Versus CCE, C & ST, Hyderabad-II

2016 (11) TMI 699 - CESTAT HYDERABAD

Levy of service tax - canal project viz., Flood Flow Canal Project - N/N. 41/2009-ST dated 23.10.2009 - Held that: - Following the judgment laid in Lanco Infra Tech Ltd. [2015 (5) TMI 37 - CESTAT BANGALORE (LB)] case, where it was held that Where und .....

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n of such works passes on accretion to or incorporation into the works on the property belonging to the employer/ contractee, the principal contractor cannot be considered to have provided the taxable (works contract) service enumerated and defined i .....

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atter to the adjudicating authority - appeal allowed by way of remand. - Appeal No. ST/20301/2014 And Application No. ST/STAY/20286/2014 - FINAL ORDER No.A/30828/2016 - Dated:- 23-8-2016 - Ms. Sulekha Beevi, C.S., Member (J) And Sh. Madhu Mohan Damod .....

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ctions. The Appellant is a Special purpose Vehicle formed to execute canal works for irrigation projects. The Appellant was awarded canal project viz., Flood Flow Canal Project from Sri Ram Sagar Projects - EPC - Turnkey by Irrigation and CAD (Comman .....

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mp; CD works of Main canal and Distributory system up to water course level including investigation, designing and estimation. The applicants entertained the view that the said project relates to the canal work relating to Government Projects, and th .....

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been followed by a Notification bearing No. 41/2009-ST dated 23.10.2009 which confirms the circular position. Accordingly, no service tax was paid by the Appellant and in fact Service Tax element was not considered while conducting internal workings .....

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in the SCN. Being aggrieved, the appellant approached the Commissioner (Appeals), who vide the impugned order upheld the same. Hence this appeal. 3. The above appeal came up today for hearing on the application for stay. At the time of hearing, the .....

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