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TMI Blog2019 (2) TMI 475X X X X Extracts X X X X X X X X Extracts X X X X ..... ent. ORDER Per: M.V. Ravindran 1. This appeal is directed against Order-in-Original No. 20/2011-Adjn. (Commr) ST dated 17.03.2011. 2. The relevant facts that arise for consideration, after filtering out unnecessary details are, the appellant herein has, during the period September, 2004 to December, 2005 has entered into various contracts of erection and painting of transmission towers, pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ply of materials along with erection of the towers. Adjudicating authority, after following due process of law, dismissed the contentions of the appellant and confirmed the demands raised along with interest and imposed penalties. 3. Learned counsel would draw our attention to the records and submit that demand is based upon the amount which is billed by the appellant for erection of towers under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d involved is prior to 01.06.2007. He brings to our notice the said annexure to the show cause notice. It is his submission that impugned order be set aside. 4. Learned departmental representative, on the other hand, submits that appellant herein has entered into contract with various telephone service providers for erection of transmission towers for radiotelephony and hence it would fall under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as regards the demands raised under Commercial or Industrial Construction services, we find that the demand is for the period prior to 01.06.2007 and there being no dispute as to the fact that all the contracts were composite contracts for supply of materials and services, we hold that law laid down by the Apex Court in the case of Larsen & Toubro Ltd (supra) would apply directly in the case in h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... directly applicable in the case in hand as the period involved in this case is prior to 01.05.2006. Accordingly, we hold that there cannot be any demand on the appellant under ECIS. 7. Since, we set aside the demands confirmed by the impugned order, consequently, the demand for interest and penalties is unsustainable and accordingly set aside. 8. The appeal stands allowed as indicated herein ab ..... X X X X Extracts X X X X X X X X Extracts X X X X
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