2013 (5) TMI 450

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....1. This appeal is directed against the order dated 27.02.2012 passed by the Customs, Excise & Service Tax Appellate Tribunal in service ST Stay No. 1989/2011 and ST Appeal No. 965/2011. The Tribunal observed that the issue involved in the present case was whether the applicable rate of service tax would be the rate in force at the time of realisation of the consideration in respect of the taxable service or would it be the rate of tax which was in force at the time of the rendition of the taxable service. The Tribunal noted that recently it had decided that the appropriate rate of tax would be the rate which was in force at the time when the service was rendered and not the rate which was in force on the date in which the payments were rece....

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....od October 2007 to the end of February 2008. It is also an admitted position that all invoices in respect of the said services had been raised by the end of February 2008. However, the payments in respect of the said services were received only after 01.03.2008. It is also an admitted position that rate of service tax applicable prior to 01.03.2008 was 2% and after 01.03.2008 was 4% under the Works Contract (Composition Scheme for Payment of Service Tax) Rules, 2007. It is the case of the appellant that since the payments for the services rendered were received only after 01.03.2008, the applicable rate would be 4% and not 2%. Reliance was placed by the revenue on the Ministry of Finance, Department of Revenue instruction dated 28.04.2008. ....