2010 (5) TMI 471

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....V. Ravindran, Judicial Member – This stay petition is filed by the applicant for waiver of pre-deposit of the following amounts : (1) Service Tax of Rs. 3,08,62,131 (2) Penalties at the rate of 2 per cent per month under section 76, Rs. 1,000 under section 77 and Rs. 3,10,00,000. 2. Heard both sides and perused the records. 3. Learned counsel submits that the issue involved in thi....

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....s granted unconditional waiver to Lanco Infratech Ltd.’s case (supra). He would draw our attention to the facts of this case and the facts involved in that case. 4. Learned DR on the other hand would submit that the works contract as executed by the appellant is regarding projects which would directly fall under the category of turnkey projects, i.e., EPC contract. It is his submission that a....

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....definition of works contract. On this factual matrix, we find that in the case of Lanco Infratech Ltd. (supra), an identical issue was raised before us. The facts in that case are as follows: “The issue involved in this case is regarding the service tax liability on the appellant as regards the services rendered by them to the Government of Andhra Pradesh in form of turnkey projects executed ....