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2016 (11) TMI 699 - CESTAT HYDERABAD

2016 (11) TMI 699 - CESTAT HYDERABAD - TMI - 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 under an agreement, whether termed as works contract, turnkey or EPC, the principal contractor, in terms of the agreement with the employer/ contractee, assigns the works to a sub-contractor and the transfer .....

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the above stated final order we remand this matter 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 Damodhar, Member (T) Sh. P. Vinod, Advocate for the Appellant. Sh. Nagraj Naik, Deputy Commissioner (AR) for the Respondent. [Order per: Sulekha Beevi, C.S.] The Appellant is a Joint Venture between M/s BVSR Co .....

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forming embankment and construction of CM & 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 therefore no service tax is leviable on the same as per the Clarification issued by the Central Board of Excise and Customs, New Delhi vide Circular No. 116/10/2009-ST which is to be read retrospectively as .....

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