2009 (2) TMI 729 - AT - Service Tax

Summary

Issues:
1. Requirement of pre-deposit of service tax amounts for various services.
2. Waiver of pre-deposit for 'Port Services'.
3. Decision on pre-deposit for 'Storage and Warehousing' services related to agricultural products.

Analysis:
The judgment by the Appellate Tribunal CESTAT Bangalore addressed the issue of pre-deposit of service tax amounts for different services. The appellant was required to pre-deposit specific amounts for 'Port Service', 'Steamer Agency Service', 'Storage & Warehousing', and 'Storage and Warehousing service' along with penalties and interest under relevant sections of the Finance Act, 1994. The Tribunal considered the arguments from both sides and made a decision based on the nature of services involved.

Regarding the service tax amount related to 'Port Services', the Tribunal noted that a significant portion of the liability had already been decided in favor of the assessee in a previous ruling by the Tribunal, which was subsequently upheld by the High Court of Karnataka. Consequently, the Tribunal ordered a full waiver of pre-deposit for the service tax amount concerning 'Port Services', acknowledging the previous favorable decision for the assessee.

For the remaining balance of service tax, mainly associated with 'Storage and Warehousing', the appellant claimed that it pertained to agricultural products meant for export. However, the respondent argued that no evidence was presented to support this assertion. In light of this, the Tribunal directed a pre-deposit of Rs. 1,50,000 within two months, after which the pre-deposit for the remaining service tax amount, interest, and penalty would be waived, and recovery stayed until the appeal's disposal. The Tribunal set a compliance deadline and warned that failure to adhere to the order would lead to the dismissal of the appeal, emphasizing the importance of following the directives issued by the Tribunal to ensure due process and compliance with legal requirements.