2012 (8) TMI 907 - HC - Service Tax

Waiver of Pre-deposit - Commercial training or coaching centre - Tribunal declined to waive pre-deposit by relying upon a decision of the Authority for Advance Ruling (AAR) in the case of CAE Flight Training (India) Ltd., 2012 (7) TMI 669 - CESTAT, MUMBAI - Appellant wants full waiver relying upon the decision in the case of Gujarat Flying Club 2014 (1) TMI 1449 - CESTAT AHMEDABAD - Held that - once the Co-ordinate Bench of the CESTAT in a similar case has granted total waiver of pre-deposit much after the decision of AAR, in the absence of any valid reasons ought not to have declined to following the decision of the Co-ordinate Bench. In these circumstances, the order of CESTAT dated 7-6-2012 is quashed and set aside and the Tribunal is directed to hear the appeal on merits against the Order-in-Original dated 30-11-2011 without insisting for pre-deposit. - stay granted.

Summary

Issues: Justification of directing pre-deposit for appeal against Order-in-Original

Analysis:
The High Court of Bombay was tasked with determining the justification of the Central Excise and Service Tax Appellate Tribunal (CESTAT) in directing the appellant to make a pre-deposit of 20% of the tax for entertaining an appeal against the Order-in-Original dated 30-11-2011. The appeal was admitted and taken up for final hearing with the consent of both parties.

The Order-in-Original dated 30-11-2011 had held the appellant liable to pay Service Tax under the category of "Commercial training or coaching center" as defined under Section 65(105)(zzc) of the Finance Act, 1994. The appellant had pointed out a decision of the Gujarat Bench of CESTAT dated 21-3-2012 in a similar case where total waiver of pre-deposit was granted. However, CESTAT, in this instance, declined to waive the pre-deposit, citing a decision of the Authority for Advance Ruling (AAR) in the case of CAE Flight Training (India) Ltd.

The High Court opined that since a Co-ordinate Bench of CESTAT had granted a total waiver of pre-deposit in a similar case after the AAR decision, there was no valid reason for the CESTAT to decline following the Co-ordinate Bench's decision. Consequently, the High Court quashed and set aside the CESTAT's order dated 7-6-2012 and directed the Tribunal to hear the appeal on its merits against the Order-in-Original dated 30-11-2011 without requiring any pre-deposit.

The appeal was made absolute with no order as to costs, thereby resolving the issue of the justification for directing pre-deposit for the appeal against the Order-in-Original.