9911796707
TMI Blog2020 (2) TMI 405X X X X Extracts X X X X X X X X Extracts X X X X ..... der, direction or writ in nature of Mandamus directing the respondent authorities not to deduct service tax in future from any of the bill/bills of the petitioner. (iii) Any other relief or reliefs as the petitioners may be found entitled to in the facts and circumstances of the case. Learned Counsel for the petitioner invites our attention to the order dated 28.07.2015 passed in CWJC No. 7694 of 2015 titled as M/s. Rishi Builders India Pvt. Ltd. Vs. The State of Bihar and Ors. and other analogous cases and prays for disposal of this case in terms thereof. The aforesaid order in toto runs as under:- "Heard learned counsels for the petitioners and learned counsels for the State. All these writ application raise common issue and they h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uction, maintenance, repair, alteration, renovation or restoration of road, bridge, tunnel or terminal for road transportation for use by general public under paragraph 13(a) of the said Notification. The petitioners have been executing different contracts for the construction and maintenance of the roads under the Road Construction Department and they are aggrieved by the action of the respondent authorities in making continuous deductions of service tax from their bills despite the exemption notification. In the counter affidavits filed on behalf of the respondents the stand taken is that the Estimated Cost Value (ECV) for the different works was prepared after including service tax at the rate of 12.36% of the total cost of work on whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the bills of the petitioners after the issuance of the aforesaid Notification dated 17.3.2012. They are further restrained from collecting any such tax from the bills of the petitioners or any other contractors in future so long as the said exemption remains in operation." As such, as prayed for, on mutually agreed terms, we dispose of the present petition in terms of the aforesaid order making the terms contained therein, applicable mutatis mutandis insofar as applicable, also to the instant petition. Respondents are directed to consider the representation dated 09.09.2019 filed by the petitioners, as contained in Annexure-5, in the light of the aforesaid order. No order as to costs. Petition stands disposed o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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