2013 (11) TMI 1567 - AT - Service Tax

Summary

Issues involved: Application for alteration of name of the applicant and waiver of pre-deposit in a service tax appeal.

Alteration of Name Application: The application sought to change the name of the applicant from M/s Climate Systems India Ltd. to M/s Visteon Climate Systems India Limited. The applicant submitted a Board Resolution and a fresh Certificate of Incorporation u/s 23(1) of the Companies Act. The Tribunal ordered the alteration, directing that the name of the petitioner/appellant be read as M/s Visteon Climate Systems India Limited.

Waiver of Pre-deposit in Service Tax Appeal: Despite a previous order granting waiver of pre-deposit, the Revenue insisted on the realisation of the adjudicated liability, specifically penalties under Sections 76 and 78 of the Finance Act, 1994. Citing a decision of the Kerala High Court, it was noted that an order of waiver of pre-deposit functions as a stay against recovery of the adjudicated liability. However, due to the lapse of six months since the initial order, the presumptive stay was deemed to have ended. To address this, the Tribunal extended the operation of the stay during the pendency of the appeal, acknowledging that the delay in disposal was not the fault of the appellant/petitioner. The application for waiver of pre-deposit was disposed of accordingly.