Composite Tax Rate under Works Contract Service

HC dismisses Revenue appeal, appropriate tax rate for works contract service would be rate prevalent at time of service rendition, not receipt of consideration; Rejects Revenue’s contention that by virtue of CBEC Instruction dated April 28, 2008, assessee liable to pay composite tax at revised rate of 4% instead of 2% since payment received post March 1, 2008; Foundation of Revenue’s argument incorrect since said Instruction held invalid by HC in Vistar Construction case; Moreover, disallows Revenue to raise plea that Vistar Construction case distinguishable since it failed to consider Rule 3 of Works Contract (Composition Scheme for Payment of Service Tax) Rules, 2007; Absent any allegation in show cause notice or argument before lower appellate authority, Revenue cannot take such plea for first time at HC stage  : Delhi HC