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2009 (5) TMI 236 - AT - Service Tax


The appellate tribunal CESTAT, Bangalore, consisting of members T.K. Jayaraman and M.V. Ravindran, heard an appeal against an order passed by the Commissioner of Service Tax, Bangalore. The case involved a global tender floated by M/s. Bangalore Water Supply and Sewerage Board, where the appellant, in a consortium with M/s. L & T, was awarded a contract. The appellant's role was advisory as consulting engineers. The revenue claimed the appellant failed to pay service tax from May 03 to March 05, leading to a demand of Rs. 97,87,809 under the Finance Act, with additional interest and penalties. The tribunal found the Commissioner's order lacking depth, with insufficient consideration of the appellant's contentions. As a result, the tribunal set aside the order and remanded the case to the Original Authority for a fresh decision within two months, urging cooperation from the appellants. The appeal was disposed of by remand with these directions.

 

 

 

 

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