entered into a contract with PMC on a Turn
Key / EPC contract basis and, therefore, the assessable
value of the individual items cannot be looked ... EPC contract as claimed, there is nothing in the
contract between PMC and EIF to suggest that it was an
EPC contract;
(ii) The finding
EPC contract on turnkey basis
(ii) Project Contract No. BALCO-SEPCO-01-Offshore Supply
Contract
(iii) Project Contract No. BALCO-SEPCO-02-Contract for Offshore ... contract price as mentioned in each of the
contracts. It is thus apparent from the
contracts themselves that all the four contracts
under the EPC
that such individual
stand alone contracts cannot be compared with the EPC contract that
had several other factors built in it affecting various elements thereof ... EPC contract without critically examining the
nature of the contract;
(v) The adjudicating authority could not have ignored
that the so-called EPC contracts
concluded that both supply and service
contracts are single contract of composite
Works Contract. Therefore, the contention of
the Department is completely baseless and
absolutely ... Ground: Misclassification of Contracts Works
Contract" "Composite Turnkey
(iv) The OIO correctly held that the contracts for
supply and service were inseparable parts
clause "works contract" means a
contract wherein, (1) transter of property in goods
involved in the execution of such contract is leviable ... Larsen & Toubro Ltd. reference, a
turnkey/EPC contract is taxable prior to 1-6-2007 as well.
On and since 1-6-2007, turnkey
concluded that both supply and service
contracts are single contract of composite
Works Contract. Therefore, the contention of
the Department is completely baseless and
absolutely ... Ground: Misclassification of Contracts Works
Contract" "Composite Turnkey
(iv) The OIO correctly held that the contracts for
supply and service were inseparable parts
clause, "works
contract" means a contract wherein,--
(i) transfer of property in goods involved in the execution of
such contract is leviable ... composite works contract only
consisting of more than one service and the contract as a whole is
classifiable as works contract service only on applying
clause- "works contract"
means a contract wherein-
i) transfer of property in goods involved in the execution of such contract
is leviable ... APIICL are works contract,
an undisputed fact. The said contracts would definitely be covered
under definition of works contract services under the Finance
Larsen & Toubro Ltd.
reference, a turnkey/EPC contract is taxable prior to 1-6-2007 as
well. On and since 1-6-2007, turnkey ... EPC contracts must be
classified on the basis of the essential character of the service
provided thereby, with the aid of classification guidelines
irrigation,
domestic consumption or sewerage disposal even where executed as
turnkey/EPC contracts; (i) would be classifiable under clause (b), Explanation
(ii) of Section ... Larsen & Toubro Ltd. reference, a turnkey/EPC contract is
taxable prior to 1-6-2007 as well. On and since 1-6-2007, turnkey
