2014 (2) TMI 952

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....armod Kumar, JC (AR) ORDER Per P.K. Das; The applicant filed this application for waiver of predeposit of service tax of Rs.2,52,28,175/- and penalty of equal amount under Section 78 and Rs.1000/- under Section 77 of the Finance Act, 1994. 2. The learned advocate submits that the applicants have rendered the services under the category of commercial or industrial construction service, ....

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....009 dt. 15.9.2009, the premises are exigible to tax where they are primarily used for commercial or industrial purposes. It is submitted that, in this case, the construction of stadium is primarily used for sports activities and, therefore, no tax is payable. He submits that for demand of Rs.41,71,534/-, they have not received the service tax amount for the services rendered and the contract itsel....

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....perusal of the records, we find that the amount of tax of Rs.39.34 lakhs is already covered by stay order dt. 10.12.12 passed by this Tribunal in the case of S. Kadirvel. The submission of the Ld. AR on the demand for the extended period of limitation would be looked into at the time of hearing the appeal. After considering the demand of tax on each of the item, the applicants are directed to depo....