2013 (12) TMI 154

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....sek Anand, Advocate For the Respondent: Shri S. Misra, Addl. Commr.(A.R.) ORDER Per Shri Justice G. Raghuram 1. Waiver of pre-deposit of the adjudicated liability of Rs.15,31,42,774/- besides Cesses and interest as assessed is the relief sought. 2. The Petitioner is a Computer hardware and software producer. It entered into various contracts with banks and non-banking corporate enti....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... based no document, such as the balance sheet, profit and loss account etc., that the value of the service component of the composite contract (with NHAI for instance) was of the order of 2% of the value of the total services provided. This percentage of the total value of the contract was calibrated and offered as the value of the taxable service of 'Erection, Commissioning or Installation' a tax....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ate of Service Tax on 33% of such value and determined the liability, by applying the benefits under Notification No.1/2006-ST dated 03.06.2006 corresponding to an earlier Notification No.19/2003-ST dated 21.08.2003. 3. On true and fair construction of the provisions of Notification No.19/2003-ST and Notification No.1/2006-ST it is clear that the benefits of exemptions/abatement may be claimed ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r of this Tribunal dated 29.07.2013 in Service Tax Stay Application No.57636 of 2013, in Service Tax Appeal No.57065 of 2013, that the Karnataka High Court and this Tribunal had proceeded on the premise that the value susceptible to sales tax must be excluded from the ambit of Service Tax including for valuation. On behalf of the Petitioner reference is also made to the observations of the Supreme....