2009 (6) TMI 896 - AT - Service Tax

Summary

Issues involved: Stay petition against waiver of pre-deposit of Service tax, interest under Section 75 of the Finance Act, 1994, and penalty under Section 76 of the Finance Act, 1994.

The Appellate Tribunal CESTAT BANGALORE, in the case, addressed a stay petition concerning the waiver of pre-deposit of Service tax, interest under Section 75 of the Finance Act, 1994, and penalty under Section 76 of the Finance Act, 1994. Despite the absence of representation from the applicant, the Tribunal proceeded with the matter due to its narrow scope.

The Tribunal considered the confirmed Service tax liability against the applicant, based on the allegation that the applicant did not discharge the tax on the commission received. It was also noted that the applicant did not report the differential commission in the ST-3 returns, which was discovered during the investigation by Revenue officers. The applicant contended that the liability was for reimbursement expenses paid towards postage, communication, freight, etc. The Tribunal acknowledged that a detailed examination of this issue would be necessary at the final disposal of the appeal. Out of the total Service tax liability of Rs. 98,801/-, the applicant had already paid Rs. 51,431/- along with an interest amount of Rs. 16,979/-. Considering that more than 50% of the tax liability had been deposited, the Tribunal deemed this amount sufficient for hearing and disposing of the appeal.

Consequently, the Tribunal allowed the application for waiver of the pre-deposit of the remaining balance amounts and stayed the recovery until the appeal's final disposal.