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    <title>2013 (4) TMI 295 - CESTAT BANGALORE</title>
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    <description>Service tax could not be sustained on unrealised receivables, because the material indicated tax is chargeable on amounts actually received rather than amounts merely shown as receivable. The assessee also made a prima facie case for excluding the value of goods used in composite contracts and already subjected to VAT, with the Board&#039;s 22-5-2007 clarification supporting treatment of such contracts as works contracts. For the period before 1-6-2007, the documents produced also supported prima facie entitlement to Notification No. 12/2003-S.T. The stay application was therefore supported by a prima facie case for waiver of pre-deposit and protection against recovery pending appeal.</description>
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      <description>Service tax could not be sustained on unrealised receivables, because the material indicated tax is chargeable on amounts actually received rather than amounts merely shown as receivable. The assessee also made a prima facie case for excluding the value of goods used in composite contracts and already subjected to VAT, with the Board&#039;s 22-5-2007 clarification supporting treatment of such contracts as works contracts. For the period before 1-6-2007, the documents produced also supported prima facie entitlement to Notification No. 12/2003-S.T. The stay application was therefore supported by a prima facie case for waiver of pre-deposit and protection against recovery pending appeal.</description>
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