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M/S National Construction Company vs Cce, Jaipur on 21 February, 2014

The appellant had obtained registration and started paying ST from 04.06.2007 and also filing periodical returns. As such, the allegation 4 Appeal Nos.ST/40770/2013, 40777/2013 of suppression is not at all maintainable. Also, they had furnished the partnership deed, invoices and all such related documents vide their letter dt.03.09.2009. The non-inclusion of material cost in the taxable value and non-payment of service tax on the transportation charges collected was only under bona-fide belief. They rely on the decision of Tribunal in Gayathri Construction Co. Vs. CCE, Jaipur - 2012 (25) STR 259 (Tri. - Del).
Custom, Excise & Service Tax Tribunal Cites 11 - Cited by 5 - Full Document

M/S. Harshita Handling vs Cce, Bhopal on 26 April, 2010

In the decision of Hon'ble CESTAT in Harshitha Holdings referred above, which was affirmed by Supreme Court, it was held the above activities of the appellants would not be get covered under "Technical testing and certificate service or Management, Maintenance and Repairs service", Hence, inclusion of material value and demand of service tax on those services is not sustainable in limine.
Custom, Excise & Service Tax Tribunal Cites 1 - Cited by 4 - Full Document
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