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2014 (11) TMI 791 - AT - Service TaxErection, commissioning and installation service - works contract service - whether composite works contracts are susceptible to levy and demand of service tax prior to 01.06.2007 under existing taxable services such as commercial or industrial construction service or erection, commissioning or installation service - Held that - There are conflicting decision of Tribunal on the issue in Jyoti Limited vs. Commissioner - 2007 (12) TMI 20 - CESTAT, AHMEDABAD , Commissioner vs. Indian Oiltanking Limited - 2009 (1) TMI 443 - CESTAT, MUMBAI , on the one hand and Commissioner vs. BSBK Pvt. Limited - 2010 (5) TMI 46 - CESTAT, NEW DELHI - LB , on the other therefore, matter is referred to larger bench.
Issues:
1. Confirmation of demand of tax and interest by the Commissioner (Appeals) 2. Deletion of penalty under Section 78 of the Finance Act, 1994 3. Taxability of composite works contracts for service tax prior to 01.06.2007 4. Reference to a larger Bench for resolution of the core issue Issue 1: Confirmation of demand of tax and interest by the Commissioner (Appeals) The appeals were filed by the assessee and the Revenue against the order of the Commissioner (Appeals) confirming the demand of tax and interest but deleting the penalty imposed under Section 78 of the Finance Act, 1994. The assessee provided composite services under works contract service, involving both services and goods. The contention that such services were not taxable under pre-existing services before 01.06.2007 was rejected. The authorities confirmed the service tax and interest liability of the assessee. Issue 2: Deletion of penalty under Section 78 of the Finance Act, 1994 The penalty imposed by the primary authority under Section 78 of the Finance Act, 1994 was deleted by the appellate Commissioner. This deletion of penalty was challenged by the Revenue in their appeal against the order of the Commissioner (Appeals). Issue 3: Taxability of composite works contracts for service tax prior to 01.06.2007 The issue of whether composite works contracts were liable to levy and demand of service tax before 01.06.2007 under existing taxable services was referred to a larger Bench of five Members. Despite Division Bench orders holding differing views on the taxability of composite contracts, the core issue remained unresolved and pending before the larger Bench for clarification. The reference to the larger Bench was made to resolve conflicts between decisions of Larger Benches of the Tribunal. Issue 4: Reference to a larger Bench for resolution of the core issue Given the unresolved nature of the core issue regarding the taxability of composite works contracts prior to 01.06.2007, the Tribunal decided to refer the appeal to a larger Bench for resolution. Both parties were allowed to address submissions on the issues presented for consideration by the larger Bench. The decision in this appeal was postponed pending the resolution of the core issues by the larger Bench. In conclusion, the judgment involved multiple issues related to the confirmation of tax demands, deletion of penalties, and the taxability of composite works contracts for service tax before 01.06.2007. The unresolved core issue led to a reference to a larger Bench for clarification and resolution, highlighting the complexity and significance of the legal matters at hand.
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