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Case Law Details

Case Name : Lanco Infra Tech Ltd. Versus CESTAT (Andhra Pradesh High Court)
Appeal Number : Writ Petition No. 4262 of 2011
Date of Judgement/Order : 28/02/2011
Related Assessment Year :
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The appellant/ assessee availed the benefit under the Works Contracts Composition Scheme in respect of contracts entered into prior to 1-6-2007.  The respondent/department issued show cause notice proposing service tax, interest and penalty on the ground that the petitioner was not eligible to avail the benefit under the Composition Scheme. Being aggrieved, the petitioner went in appeal under Section 35B of the Central Excise Act, 1944 (the Act).

The petitioner also moved an interlocutory application seeking waiver of pre- deposit and stay of recovery of service tax and penalty. By the impugned order the learned CESTAT, permitted waiver of pre- deposit and stay of recovery on condition of the petitioner depositing Rs. 2.66 crores.

Held: HC held that the impugned order does not suffer from any error much less grave error apparent on the face of the record. We are not, therefore, inclined to interfere with the well-considered order of the learned CESTA

 HIGH COURT OF ANDHRA PRADESH AT HYDERABAD

LANCO INFRA TECH LTD.

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