Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / TMI Blogs / RSS

2014 (7) TMI 200

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ties under Sections 76, 77, and 78 of the Act, for the period 1.10.06 to 15.12.2011. 2. Proceedings were initiated, invoking the extended period of limitation, by show cause notice dated 17.4.2012 stating that intelligence gathered revealed that appellant/petitioner had provided "Erection, Commissioning or Installation" services (ECIS) to recipient M/s L & T Ltd. during the period in issue; had received gross consideration (specified) for rendition of such services; failed to obtain registration; failed to file periodic returns and disclose gross consideration received; and failed to remit the due tax, despite providing the taxable service. 3. In response to the show cause notice, petitioner sent a letter dated 8.1.2013 simply asserti....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Bihar, Orissa and West Bengal. Ld. Counsel submits that no registration was obtained by the petitioner during the relevant period; but after the period in issue, petitioner obtained registration for rendition of ECIS, in the jurisdiction of the Raipur Commissionerate. 5. On perusal of the show cause notice and the impugned adjudication order we notice that while the petitioner was wholly uncooperative and had failed to furnish the relevant information and the transactional documents on the basis of which the Authority would have been able to proceed to a detailed and critical assessment of the liability if any, of the petitioner; had failed to provide even the work orders or any of them. Five sample work orders No.2009 dated 1.10.2007, ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e representative of all the works executed under over 3000 work orders. On this basis, we find no serious infirmity in the conclusion recorded by the adjudicating authority that the petitioner had provided ECIS to L & T Ltd., a taxable service under Section 65 (39a) read with Section 65(105)(zzd) of the Finance Act, 1994. 10. Regarding the challenge on the point of jurisdiction of the Commissioner, Raipur, we notice that in terms of Rule 4 of Service Tax Rules, 1994, the petitioner has opted neither for centralised registration nor for registration at different sites in different States where works were executed were in favour of L & T Ltd. Admittedly, the petitioner is a resident of Raipur, within the jurisdiction of the Raipur Commissi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ew, the jurisdiction exercised by Commissioner of Service Tax, Ahmedabad-I for confirming demands of other Commissionerates seems to be beyond his jurisdiction. Be that as it may, we also find that the appellant has also not produced the decision of the Tribunal in the case of Integral Construction Company before the adjudicating authority. We also find strong force in the contentions raised by the Id. Counsel that for the demand within the Ahmedabad-I, requantification needs to be done as the appellant's claim of selling the biscuits, namkin, etc., has been accepted by the adjudicating authority, but he has not given any due weightage to such submission and for calculation of gross value of tax liability. We find that entire issue need....