TMI Blog2017 (7) TMI 905X X X X Extracts X X X X X X X X Extracts X X X X ..... hat sub-section only on the existence of the vitiating elements which are enumerated therein. No such ground has been found by the authorities below and the power to invoke Section 73 has not been done within the time prescribed in sub-section (1) thereof which was the only provision which governed the parties at that relevant point of time i.e. to say till the end of the financial year 2007-2008. In this view of the matter, the Appellant is entitled to succeed on this ground as well - appeal allowed - decided in favor of appellant. - Tax Case No. 5 of 2014 - - - Dated:- 20-6-2017 - Shri Thottathil B. Radhakrishnan, CJ And Shri P. Sam Koshy, JJ. For Appellant/Assessee : Shri Siddharth Dubey, Advocate For Respondent/Revenue : S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... may contain an element of service that could be taxable as service independently. We say this because the decisions in the different levels and the pleadings of the Appellant, who had in fact not filed any written objections to the show cause notice, would show that submissions were made at different levels more on the basis of what might or would have arisen on consideration of different contentions which were shot at random. 4. The fact of the matter remains that the Appellant-Assessee is a subcontractor of a principal contractor who was involved in construction activity and that for the relevant period i.e. 2005-2006, 2006-2007 and 2007-2008, show cause notice was issued also proposing further action in terms of Section 73 of the Fina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... components of Section 73(1) would clearly show that action could follow within the limit of time prescribed under that sub-section only on the existence of the vitiating elements which are enumerated therein. No such ground has been found by the authorities below and the power to invoke Section 73 has not been done within the time prescribed in sub-section (1) thereof which was the only provision which governed the parties at that relevant point of time i.e. to say till the end of the financial year 2007-2008. In this view of the matter, the Appellant is entitled to succeed on this ground as well. 6. Since reference was made during submissions to sub-section 2-A of Section 73 of the Finance Act, 1994, we may note that what is attempted ..... X X X X Extracts X X X X X X X X Extracts X X X X
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