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    <title>2019 (7) TMI 1258 - CESTAT NEW DELHI</title>
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    <description>Contracts and invoices showed that payment was linked to work executed on a quantity or piece-rate basis, not to the number of workers deployed, so the activity was not classifiable as manpower supply for the period before 31.03.2010. The principal&#039;s deposit of ESI and provident fund contributions did not, by itself, prove manpower supply because those statutory obligations could be discharged by the principal employer. As the record did not show suppression, falsification, or a colourable device, the extended period of limitation was also unavailable. The demand, interest, and penalties were therefore unsustainable.</description>
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      <link>https://www.taxtmi.com/caselaws?id=383562</link>
      <description>Contracts and invoices showed that payment was linked to work executed on a quantity or piece-rate basis, not to the number of workers deployed, so the activity was not classifiable as manpower supply for the period before 31.03.2010. The principal&#039;s deposit of ESI and provident fund contributions did not, by itself, prove manpower supply because those statutory obligations could be discharged by the principal employer. As the record did not show suppression, falsification, or a colourable device, the extended period of limitation was also unavailable. The demand, interest, and penalties were therefore unsustainable.</description>
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