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T.S. SIVAGNANAM, HIRANMAY BHATTACHARYYA, JJ
M/S. LARSEN & TOUBRO LIMITED – Appellant
Versus
ASSISTANT COMMISSIONER, SERVICE TAX COMMISSIONERATE, DIVISION-III, KOLKATA – Respondent


Advocates:
For the Appellants/Petitioners: Mr. G. Dhara Maduri, Mr. P. Purushottam, Mr. Avra Mazumder, Mr. T. Shanmugam, Mr. Binayak Gupta
For the Respondents: Mr. K.K. Maiti, Mr. Tapan Bhanja, Mr. Prithu Dudhoria

Table of Content
1. valid exercise of option under tax rules. (Para 1 , 2 , 4 , 10 , 12)
2. standards of compliance in tax payment matters. (Para 13 , 16 , 17)

JUDGMENT

(Judgment of the Court was delivered by T.S.SIVAGNANAM, J.)

1. This intra court appeal filed by the writ petitioner is directed against the order dated July 01, 2016 in WP No. 23547 (W) of 2014 (2016 SCC Online Calcutta 3865). The said writ petition was filed by the appellant for issuance of a writ of declaration to declare the Notification No. 7 of 2008 dated 01.09.2008 enhancing the rate of service tax from 2% to 4% as illegal, ultravires the Finance Act , 1994 and the Constitution of India, and bad in law in so far as it seeks to levy additional burden of service tax upon the contracts for which the option under Notification No. 32 of 2007, dated 22nd May, 2007 as already been exercised by the appellant; for a declaration that notification No. 10 of 2012 dated 17.03.2012 effective from 01.04.2012 enhancing the rate of service tax from 4% to 4.8% as illegal, ultravires the Finance Act , 1994 and the Constitution of India, and bad in law in so far as it seeks to levy additional burden of service tax upon the contracts









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