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2017 (4) TMI 650 - HC - Service TaxWorks contract - Payment of service tax - the petitioner has already moved an application before the concerned authority which is pending - Held that - Since the application of the petitioner is pending, let the same be decided, provided the petitioner complies with the notice dated 15.03.2017 inasmuch as the petitioner shall submit the entire details of the relevant financial year as mentioned in the notice with the department - petition disposed off - decided in favor of petitioner.
Issues:
1. Liability of the petitioner to pay service tax as per notice received from Central Excise and Service Tax Department. 2. Pending application by the petitioner before the concerned authority regarding the disputed service tax amount. Analysis: 1. The judgment addresses the issue of the petitioner receiving a notice from the Central Excise and Service Tax Department regarding the payment of service tax. The petitioner contests the liability to pay this amount. The respondent argues that the service tax is due as the petitioner had a work contract with Oil and Natural Gas Corporation (ONGC), and ONGC has already paid the service tax amount to the petitioner. The court directs the petitioner to comply with the notice by submitting all relevant financial year details within one week. The respondent is instructed to decide on the petitioner's representation within three weeks after receiving the details. The petitioner is given the option to submit fresh details if not provided earlier. 2. The judgment also considers the pending application by the petitioner before the concerned authority. The court decides that the application should be decided based on the compliance with the notice dated 15.03.2017. The petitioner is required to furnish the necessary details within a week from the date of receiving a certified copy of the order. Failure to provide details in the initial notice allows the petitioner to submit a fresh representation within one week from the date of the certified copy of the order. The writ petition is disposed of accordingly, and a certified copy of the order is to be issued within forty-eight hours on payment of usual charges.
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