9911796707
TMI Blog2009 (9) TMI 535X X X X Extracts X X X X X X X X Extracts X X X X ..... abatement of 67% under Notification dated 10-9-2004, as amended vide Notification dated 1-3-2006, because they are providing completion and finishing services exclusively - Tribunal directed the appellant for pre-deposit of Rs. 1 crore. – Held that: - having regard to the fact that the petitioners have been paying VAT at 33% of the value of work executed (in this manner a sum of Rs. 4,18,33,264/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ground that the petitioners were providing completion of finishing services under the category of commercial or industrial construction services and were accordingly not entitled to exemption under the Notification No. 1/2006-ST., dated 1-3-2006. This was followed by another show-cause notice dated 8-9-2008 as per which the petitioner No. 1 was asked to show-cause as to why service tax, inclusive ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this order would reveal that contention of the petitioners was that the nature of contract undertaken by the petitioners is renovation of old buildings wherein huge amount of material/goods is involved and the service element is minimal. According to the petitioners, 80% of the value of work is attributable towards goods and only the remaining 20% of the value of work is liable to service tax as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pre-deposit of Rs. 1 crore. 4. After hearing the counsel for the parties and taking into consideration the aforesaid aspects, whereby it is an accepted position that substantial value of the work is towards material, and also having regard to the fact that the petitioners have been paying VAT at 33% of the value of work executed (in this manner a sum of Rs. 4,18,33,264/- has already been paid), ..... X X X X Extracts X X X X X X X X Extracts X X X X
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