2012 (6) TMI 607

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.... Advocate For Respondent: Sri S. Misra, Addl. Commr. (A.R.) Per: S K Gaule: Heard both sides. 2. The applicants filed these applications for waiver of pre deposit of Service Tax amounting to Rs.28,88,466/- and 53,80,677/- and equal amount of penalty respectively under Section 76 and various other penalties under the Finance Act, 1994. 3. The applicants are engaged in the constructio....

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....aged by Army Station, Kolkata and WBPDCL for construction of residential complex. The contention is that this Tribunal In the case of Khurana Engg. Ltd. Vs. Commr. of C. Ex., Ahmedabad -2011 (21) S.T.R. 115 (Tri.-Ahmd.) has held that service provided to Govt. of India directly for end use of residential complex by Govt. of India discovered by the definition of personal use and therefore no Service....

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....nd NBCC is providing services directly to the GOI for its personal use. Therefore, as for the instant arrangement between Ministry of Urban Development and NBCC is concerned, the service tax is not leviable. It may, however, be pointed out that if the NBCC, being a party to a direct contract with GOI, engages a sub-contractor for carrying out the whole or part of the construction, then the sub-con....