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Cms (India) Operations And Maintenance ... vs Cce on 9 June, 2006

14. Similarly, the judgment in the case of CMS (I) Operations & Maintenance Co. P. Ltd. vs. CCE: 2007 (7) STR 369 (Tri.), the issue before the Tribunal was that the appellant and M/s. ST-CMS Electric Company Pvt. Ltd., which had been formed to finance, construct, own and operate 200 MW lignite fired power plant entered into a contract called "Operation and Maintenance Agreement" with obligation to maintain the facility, generate electricity and supply the same to Tamil Nadu Electricity Board as per the Power Project Agreement between the owner and Tamil Nadu Electricity Board on a continuous basis. They received a lumpsum amount every month from the owner as a consideration for operating the plant as per contract. In the said case, the entire operation of the plant was entrusted to M/s. CMC (I) Operations and Maintenance Co. Pvt. Ltd., which is not so in the present case, therefore, the said judgment is also not applicable to the facts of the present case.
Customs, Excise and Gold Tribunal - Tamil Nadu Cites 3 - Cited by 11 - Full Document

Commissioner Of Central Excise & ... vs M/S. Reliance Industries Ltd on 10 November, 2015

(iii) Commissioner of Central Excise and Service Tax, LTU, Mumbai vs. Reliance Industries Ltd: 2016 (45) STR 341 (Tri.-Mum.) 4.3. On the issue of applicability of extended period, the learned Authorised Representative has submitted that provision of such services rendered by the appellant to M/s. Manyata Promotors Pvt Ltd. and M/s. Golf Links Software Park Pvt. Ltd.
Custom, Excise & Service Tax Tribunal Cites 36 - Cited by 2 - Full Document

Delhi Stock Exchange Association Ltd vs Commissioner Of Income Tax, Delhi on 30 November, 1960

In support, he referred to the judgment in the case of Delhi Stock Exchange Association vs. CIT: 1961 (41) ITR 495 (SC) and Sutlej Cotton Mills vs. CIT: 1979 (116) ITR 1 (SC). Further, referring to Section 65A of the Finance Act, 1994, he has submitted that in deciding classification of a service, a specific service would prevail over the general service and the essential character of the transaction has to be considered. In support, he has referred to the CBEC Circular No.334/4/2006- TRU dated 28.2.2006.
Supreme Court of India Cites 1 - Cited by 68 - J L Kapur - Full Document
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