2008 (1) TMI 919 - AT - Service Tax

Waiver of pre-deposit - manpower recruitment agency - Held that - by an order dated 11-12-2006 the Commissioner (Appeals) has given a categorical finding that if it is found on verification that the employees working on the rolls of the applicant have been diverted to undertake manufacturing activities of M/s. Bajaj Organic Chemicals Limited then the applicant has not rendered any services relating to Manpower recruitment as per section 65(68) of the Finance Act 1994. On verification it has been so found - pre-deposit waived.

Summary

Issues:
1. Waiver of pre-deposit of service tax amount and penalty.

Analysis:
The case involved an application for the waiver of pre-deposit of service tax amount and penalty totaling Rs. 3,44,025 covering the period from March 2003 to July 2006. The issue at hand was whether the applicant, engaged in providing services of a manpower recruitment agency to M/s. Bajaj Organics Limited, was liable to pay service tax. It was established that the applicant's staff was loaned to M/s. Bajaj Organics Limited for their manufacturing/production activities. The definition of "manpower recruitment agency" underwent a change on 16-6-2005, where service tax was levied on "manpower recruitment or supply agency." Despite this change, the Commissioner (Appeals) had previously ruled that if the employees working for the applicant were diverted to undertake manufacturing activities of M/s. Bajaj Organic Chemicals Limited, then the applicant had not rendered any services related to manpower recruitment. This finding was not appealed by the revenue. As a result, the Tribunal concluded that a prima facie case for waiver had been made out by the applicant, and thus waived the pre-deposit of the service tax amount levied and the penalty imposed, staying the recovery pending the appeal.