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Case law of Composite Turnkey Contract

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2016-VIL-21-CESTAT-DEL-ST

Service Tax – services provided under composite turnkey contract in favour of the Delhi Metro Rail Corporation (DMRC) – Demand under ECIs

HELD - The decision in CCE&C vs. Larsen & Toubro Limited ruled that works contracts were not taxable under CICS, COCS or ECIS prior to 01.06.2007. For the period subsequent to 01.06.2007 works contracts are taxable under Section 65(105)(zzzza). However, the preambular portion of the definition of works contracts excludes works contract provided in respect of railways from the scope of definition of the taxable service

The impugned order is is quashed and assessee appeal allowed

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