9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2008 (1) TMI 928 - AT - Service TaxStay and waiver of pre-deposit - Rent-a-Cab Scheme Operator - Held that - the agreement makes it clear that specific number of vehicles were being rented out to the customers of the applicant. Keeping in view the financial hardship based on the fact that the Rent-a-Cab service has been closed down since October, 2004 and keeping in view the payment of ₹ 1,15,250/- already made, we direct further pre-deposit of ₹ 2.00 lakhs towards Service Tax demanded within eight weeks from today and on such a deposit, pre-deposit of the balance of Service Tax and penalties shall stand waived and recovery thereof stayed pending the appeal - Failure to comply with the aforesaid order shall result in vacation of stay and dismissal of the appeal without prior notice.
Issues: Application for waiver of pre-deposit of Service Tax; Confirmation of Service Tax as Rent-a-Cab Scheme Operator; Interpretation of contracts with customers; Financial hardship due to closure of Rent-a-Cab service.
In this judgment by the Appellate Tribunal CESTAT MUMBAI, the issue at hand was the application for waiver of pre-deposit of Service Tax amounting to approximately Rs. 8.00 lakhs, along with penalties imposed under Sections 76 and 78 of the Finance Act, 1994. The Tribunal considered the confirmation of Service Tax against the appellant, who was deemed to be operating as a Rent-a-Cab Scheme Operator. It was noted that the appellant had rented out 30 Maruti vans to customers, with contracts clearly indicating the provision of Rent-a-Cab services. The Tribunal differentiated the present case from a previous decision, highlighting that specific vehicle numbers were stipulated in the contracts, unlike the previous case where no such stipulation existed. Despite the financial hardship faced by the appellant and the closure of the Rent-a-Cab service since October 2004, the Tribunal directed a further pre-deposit of Rs. 2.00 lakhs towards the Service Tax demanded, with the remaining amount and penalties waived upon compliance within eight weeks. Failure to adhere to the order would lead to the vacation of stay and dismissal of the appeal without notice. Compliance was required to be reported by a specified date. The judgment emphasized the importance of contractual agreements in determining the nature of services provided, with specific reference to Rent-a-Cab operations. It considered the financial circumstances of the appellant and the partial payment already made towards the Service Tax liability. The Tribunal's decision aimed to balance the interests of the appellant with the requirements of tax compliance, providing a pathway for resolution while ensuring accountability. The directive for further pre-deposit and subsequent waiver of balance payment and penalties reflected a pragmatic approach to addressing the appellant's situation while upholding legal obligations. The timeline set for compliance underscored the necessity of timely adherence to the Tribunal's orders to maintain the stay on recovery and appeal dismissal. Overall, the judgment demonstrated a nuanced consideration of the factual, legal, and financial aspects involved, leading to a reasoned decision that sought to achieve a fair outcome for all parties concerned.
|
