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TMI Blog2020 (6) TMI 143X X X X Extracts X X X X X X X X Extracts X X X X ..... llant Shri T.G. Rathod, Joint Commissioner (AR) for the Respondent ORDER The brief facts of the case are that the appellant are engaged in providing the services of "Consulting Engineer" and "Erection, Installation and Commissioning". However they have obtained registration under the head of "Consulting Engineers and Transport of Goods Agency". The case of the department is that Erection, Insta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of service post 01.06.2007 towards "Erection, Installation and Commission" the service tax paid under the head "Consulting Engineer" service. Therefore entire demand raised in the show cause notice is not sustainable. The adjudicating authority, rejecting the said pleas of the appellant, confirmed the entire demand mainly on the ground that the contract for providing the service is composite ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arned Commissioner held that the service is taxable under "Erection, Installation and Commission" and confirmed demand pre and post 01.06.2007, learned Commissioner has not even considered the submissions made for the period post 01.06.2007. Shri Gupta relied upon the following judgments: (a) CCE & Cus, Kerala vs. Larsen & Toubro Limited - 2015 (39) STR 913 (SC). (b) Sandeep Vilas Kotnis vs. C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct" and not liable to service tax prior to 01.06.2007 or is classifiable as "Erection, Installation and Commission" and liable to service tax even before 01.06.2007. We find that this very issue has been finally decided by the Hon'ble Supreme Court judgment in the case of Larsen and Toubro Ltd. supra. The adjudicating authority had no occasion to consider the said judgment as the same was delivere ..... X X X X Extracts X X X X X X X X Extracts X X X X
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