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Demand in relation to Road Construction Work

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2016-VIL-438-MEG-ST

Service Tax - Demand of service tax in relation to the road construction/renovation works – assessee plea of exempted service - maintainability of writ petition - alternative remedy of appeal – pre-deposit

HELD - the contentions that authorities concerned have taken a wrong decision or have reached to a wrong conclusion with incorrect determination of any question do not make out a case of want of jurisdiction

when having jurisdiction to decide the matter, would not be considered having acted without jurisdiction by merely coming to a wrong conclusion, whether on law or on facts - petitioners may not find pre-deposit to be comfortable to them but such a discomfort by itself cannot be taken to be a matter of such an extreme hardship that the remedy of appeal be considered beyond the reach of the petitioners

A particular view by the Appellate Authority in a given case, if not of the support of the petitioners cannot be a ground for the petitioners to avoid approaching the said Appellate Authority - an efficacious remedy of statutory appeal is available in the matter and there is no reason to allow the petitioners to bypass the same, these writ petitions are dismissed

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Guest Wednesday, 20 September 2017

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