2023 (2) TMI 946

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....or otherwise. 2. Shri Mrugesh Pandya, learned Counsel appearing on behalf of the assessee submits that the issue is no longer res-integra as the same has been decided in catena of case laws. He placed reliance on the following judgments:- (a) R.B. Chy Ruchi Ram Khattar & Sons vs. Commr of ST., New Delhi - 2015 (38) STR. 583 (Tri - Del) (b) Khurana Engineering Limited vs. Commr of C. Ex., Ahmedabad - 2011 (21) S.TR. 115 (Tri-Ahmd.) (c) Tax Appeal No.926 of 2011 in the case of Commissioner of Central Excise & Customs Versus Khurana Engineering Ltd. Order dated 14.09.2018 (d) Sh.DH. Patel and Sh. RN Dobariya vs. CCE & ST, Surat-2013 (10) TMI 815 -CESTAT, AHMEDABAD (e) Shri. S. Kadirvel vs. CCE & ST, Trichy vide Final Order No.41504/....

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....n following judgments:- (a) In the case of Sh. DH Patel and Sh. RN Dobariya vs. CCE, Surat (supra), this Tribunal passed the following order:- " .... ...... 3. The above said amounts are confirmed against the appellant on the ground that they have not discharged the service tax liability for the work undertaken by them for Gujarat State Police Housing Corporation Ltd. (GSPHCL) during the period 2007-2008 to 2011-2012. Adjudicating authority has confirmed the dues on the ground that GSPHCL is Government of Gujarats public purpose vehicle or Company, hence ineligible to avail any exemption granted for any work which is done for or on behalf of Government. 5., 6. .... ..... 7. On perusal of the records, we find that the adjudicating ....

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....nst the impugned demand and connected penalties. It can be seen that the issue involved in the case in S Kadirvel vs. CCE. Tiruchirapalli as was before the South Zonal Bench, Chennai is the same, hence, respectively following view already taken by the bench, we hold that the appellant has made out a case for the complete waiver of the pre-deposit of the amounts involved. Application for the waiver of pre-deposit of the amounts involved is allowed and recovery thereof stayed till the disposal of appeals." (b) Similarly in the case of Shri S. Kadirvel vs. CCE & ST, Trichy (supra) which was relied upon in above decision, the Chennai Bench passed the following order:- "5.1 The period involved is from 16.06.2005 to 31.08.2007. As rightly ....

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....ice tax in respect of the complex built for ITC. From the definition it is quite clear that if the complex is constructed by a person directly engaging any other person for design or planning or layout and such complex is intended for personal use as per the definition, service tax is not attracted. Personal use has been defined as permitting the complex for use as residence by another person on rent or without consideration. In this case what emerges is that ITC intended to provide the accommodation built to their own employees. Therefore it is covered by the definition of 'personal use'' in the explanation. The next question that arises is whether it gets excluded under the circumstances. The circular issued by C.B.E.&C. on 24-5-2010 reli....