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Benefit of Composition Scheme can’t be denied for procedural deficiency
Case Law Details
- Case Name
- Bridge & Roof Company (I) Ltd. Vs. CCE (CESTAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All CESTAT, CESTAT Delhi
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Bridge & Roof Company (I) Ltd. Vs. CCE (CESTAT Delhi)
The main point of dispute is the appellant’s eligibility to tax as per the composition scheme under Rules, 2007. In terms of decision of Honorable Supreme Court in Larsen and Tubro, (supra) composite Work Contract are not liable to Service Tax prior to 01/06/2007 as there was no machinery provision for identifying this service portion or for quantification of tax. Admittedly, the appellants are liable to Service Tax for the work executed in pursuance of the impugned contract only w.e.f. 01/06/2007 as such any payment of Service Tax pr...
