TaxTMI 
TaxTMI 
2010 (1) TMI 428
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.... for the Respondent. [Order per: M.V. Ravindran, Member (J)]. - This application is filed by the applicant for waiver of pre-deposit of the following amounts: (i) Duty Rs.50,43,302/- (Rupees Fifty lakhs forty three thousand three hundred and two only) under Section 73(2) of the Finance Act, 1994. (ii) Demand of Rs.1,00,866/- (Rupees One lakh eight hundred and sixty six only) (iii) Demand of....
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....n behalf of the appellant would submit that the Adjudicating Authority has totally misdirected himself. It is his submission that the appellant herein is a partnership firm where there were three partners. One of the partners had brought a land in which the construction activity to be carried out to do. He would submit that the said partners are bringing the land to the property of the firm. It is....
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....Earth Constructions Pvt. Ltd. whose Managing Director is a partner of this appellant and partnership firm is consisting of another partner who a private company wherein also the same director is involved. It is his submission that when there is no evidence of bringing any part of the land, to the partnership firm, it can be considered as a land of the appellant and hence, the services of Construct....
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....from the deed that M/s. S.R.K. Gold Earth Constructions Pvt. Ltd. is one of the partner and M/s. Sairung Developers is the another partner. Both these partners came together and formed the firm SRK Construction who are the appellants before us. The deed of confirmation, agreement for land developing right is given in the name of current appellant by all the partners and the said deed very clearly ....