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TMI Blog2018 (8) TMI 1227X X X X Extracts X X X X X X X X Extracts X X X X ..... various services. The issue is no more res integra as per the judgment of the Apex Court in the case of Larsen & Tourbo Ltd. [2015 (8) TMI 749 - SUPREME COURT], where it was held that Works contract were not chargeable to service tax prior to 1.6.2007. Non-imposition of penalties - Revenue argued on the non-imposition of penalties - Held that:- Since we have already allowed the assessee’s appeal on merits, there are no merits in the appeal filed by the Revenue. Appeal allowed - decided in favor of assessee. - ST/402 & 452/2009 - FINAL ORDER No. A/30934-30935/2018 - Dated:- 8-8-2018 - Mr. M.V. Ravindran, Member (Judicial) and Mr. P. Venkata Subba Rao, Member (Technical) Shri Anand Shri Ch. Sumanth, Advocates for the Assessee. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ority has recorded that the contracts are in the nature of construction contracts involving civil, structural and finishing works in relation to the residential or commercial or industrial buildings or civil structures. He submits that this issue is now squarely settled by the judgment of the Hon ble Supreme Court in the case of Commissioner of Central Excise Customs, Keral Vs. Larsen and Toubro Ltd., [2015 (39) STR 913 (S.C.)]. He draws our attention to paragraph No. 15. 6. Learned Departmental Representative submits that during the relevant period in question the appellants were discharging the service tax liability under various categories and now they cannot say that they are not liable to pay service tax under works contract servi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... insofar as they are relatable to supply of labour and services, and the same goes for the profit that is earned by the contractor. These deductions are ordinarily to be made from the contractor s accounts. However, if it is found that contractors have not maintained proper accounts, or their accounts are found to be not worthy of credence, it is left to the legislature to prescribe a formula on the basis of a fixed percentage of the value of the entire works contract as relatable to the labour and service element of it. This judgment, therefore, clearly and unmistakably holds that unless the splitting of an indivisible works contract is done taking into account the eight heads of deduction, the charge to tax that would be made would otherw ..... X X X X Extracts X X X X X X X X Extracts X X X X
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