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1 - 10 of 10 (0.41 seconds)Finance Act, 1999
The Finance Act, 2018
Section 65 in Finance Act, 1999 [Entire Act]
Shri A.S. Sikarwar vs Cce, Indore on 20 April, 2012
22. A Division Bench of the Tribunal in Shri A.S.
Sikarwar vs CCE, Indore9 also observed that service tax can be
demanded only if the building concerned has more than 12
residential units in the building and such levy will not apply in
cases where one compound has many buildings, each having not
more than 12 residential units. This decision of the Tribunal was
also assailed before the Madhya Pradesh High Court. Central
Excise Appeal No. 31 of 2012 was dismissed on 01.08.201310. The
observations are as follows :
Section 9 in The Finance Act, 2018 [Entire Act]
United India Insurance Co.Ltd vs Ishwar Prasad And Ors. 6 Cra/826/2012 ... on 25 January, 2018
"It is not disputed by the learned counsel for the appellant
that the respondent had performed the work of the house
construction of 15 HIG at Laxmi Nagar, Ujjain in the financial
year 2004-05 to 2006-07. He submitted that the activity of
the respondent is liable for Service Tax under the services of
"Construction of Complex Services" as defined under Section
9 Service Tax Appeal No. 871/2011 decided on 20.04.2012
10 Union of India vs Shri A.S. Sikarwar
12 ST/52981/16 & ors.
Commissioner Of Customs Central Excise ... vs M/S Indian Farmers Fertilizers ... on 2 July, 2014
Macro Marvel Projects Limited, Chennai vs Cit (A), Chennai on 3 March, 2017
In the case of Macro Marvel Projects Ltd. (supra), this
question has been considered by the Tribunal and the learned
Tribunal very categorically stated that as per Clause (91a) of
Section 65 of the Act, that construction of residential complex
having not more than 12 residential units is not to be taxed
under the Finance Act, 1994. For the levy, it should be a
residential complex comprising more than 12 residential
houses. Admittedly in the present case, the respondent
constructed 15 independent HIG Houses, each being a
residential unit.
M/S. Lakhlan & Qureshi Construction Co vs C.C.E.&S.T., Jaipur-I on 7 April, 2015
19. This is what was also observed by a Division Bench of
the Tribunal in M/s Lakhlan & Qureshi Construction Company
vs Commissioner of Central Excise and Service Tax, Jaipur-
I8.
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