Abhishek Raja "Ram"
8 months ago
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ššš¦š§šš§ š”š²š šš²š¹šµš¶ š„šš¹š¶š»š“ š¼š» šŖš¼šæšøš šš¼š»ššæš®š°š š¦š²šæšš¶š°š²š š®š»š± šš²šŗš®š»š± š£šæš¶š¼šæ šš¼ ššš¹š š®š¬š¬š³ š¢ š§šµš² š§šæš¶šÆšš»š®š¹ šµš²š¹š±: Demand before July 2007 under 'Works Contract Services' is non-taxable; post-July 2007, no valid demand exists under applicable provisions.
š šš®š°šš: šš¼šŗš½š®š»š: M/s. Avas Vikas Ltd. ššššš²: Tribunal ruled the Corrigendum and service tax demand unsustainable due to non-commercial services and classification errors in works contracts. šš°šš¶šš¶šš: The appellant provided construction services and faced a ā¹22,09,97,113 service tax recovery demand, as per the show-cause notice.
āļø ššš±š“š²šŗš²š»š: The Tribunal, citing Larsen & Toubro Ltd., ruled that demand prior to July 2007 under "Works Contract Services" was unsustainable. Post-July 2007, taxes could only be applied under a specific section, and as no demand existed, the appellant was not liable for service tax. The appeal was allowed.
š šš®šš² šš»š³š¼šæšŗš®šš¶š¼š»: š§š¶šš¹š²: M/s. Avas Vikas Ltd. vs. Commissioner of Central Excise š¢šæš±š²šæ šš®šš²: 02 December 2022 š This judgment reaffirms that demands outside statutory classification and for non-commercial services are unsustainable under law.
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