2016 (5) TMI 451

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....DICIAL) AND SHRI B. RAVICHANDRAN, MEMBER (TECHNICAL) For the Petitioner : Shri B.K. Singh, Advocate For the Respondent : Shri Satyaveer Singh & Shri Rajeev Gupta, DR ORDER PER B. RAVICHANDRAN: The application is for waiver of pre deposit of confirmed service tax due of Rs. 10,45,18,675/- under the category of commercial or industrial construction services. The applicants are mainly ....

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....pment Authority is Governmental Organization involved in development of land which cannot be considered primarily engaged in commerce; hostel for students of NIT Calicut cannot be considered as a commercial building. On these grounds ld. Counsel submitted that they have a strong case against the service tax levy and pleaded for total waiver of pre deposit of all adjudicated dues including penaltie....

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....parent that they are involved in commercial activity as such he pleaded that the applicant should be asked to pay the pre deposit of service tax confirmed on such construction activity. 4. We have heard both the sides and examined the appeal records. 5. Prima facie on examining the nature of building as specified in four project and also prima facie admitted by both the sides buildings other....

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....rs ending 31.03.2014 and 31.03.2015 and drew our attention to net loss reflected there in. The Ld. AR intervened to state that the applicant have as on 31.03.2015 substantial cash and bank balance amounting to 112 crores and trading receivables amounting to Rs. 3,510 crores. The depreciation of Rs. 197 crores has been shown for the same period. He pleaded that the transitory loss shown as on 31.07....