2011 (10) TMI 708 - SC - Service Tax

Summary

Issues:
- Special Leave Petition (SLP) dismissal
- Stay order on arrears of service tax
- Conditions for appellants to deposit arrears
- Requirement of solvent surety
- Filing of affidavits by the appellants
- Entitlement to interest on stayed amount
- Clarification on interim order scope
- Consequences of default in deposit
- No stay on future service tax liability

Special Leave Petition Dismissal:
The Supreme Court dismissed the Special Leave Petition (SLP) as not pressed. Additionally, various other SLPs were mentioned, and leave was granted for them to be heard on the SLP Paper Books.

Stay Order on Arrears of Service Tax:
The Court directed the appellants to deposit 50% of the arrears towards service tax within six months in three equated instalments and furnish a solvent surety for the remaining 50%. The appellants were also required to file affidavits undertaking to pay the balance arrears as directed by the Court at the final disposal of the appeals.

Conditions for Appellants to Deposit Arrears:
The appellants were mandated to deposit 50% of the arrears in three instalments by specific dates and provide a solvent surety for the remaining amount to the satisfaction of the jurisdictional Commissioner.

Requirement of Solvent Surety:
For the balance 50% of the arrears, each appellant was instructed to furnish a solvent surety to the jurisdictional Commissioner's satisfaction.

Filing of Affidavits by the Appellants:
The appellants were directed to file affidavits in the Court within four weeks, committing to pay the balance arrears of service tax as directed by the Court at the final disposal of the appeals.

Entitlement to Interest on Stayed Amount:
The successful party in the appeals would be entitled to interest on the amount stayed by the Court at a rate directed during the final disposal of the appeals.

Clarification on Interim Order Scope:
The interim order applied only to appellants who filed the required affidavits within four weeks. Any default in depositing instalments by the specified dates would lead to vacation of the stay order, allowing the department to recover the balance amount.

Consequences of Default in Deposit:
The Court clarified that failure to deposit any of the instalments by the set dates would result in the vacation of the stay order, enabling the department to recover the balance amount in accordance with the law.

No Stay on Future Service Tax Liability:
It was clarified that there was no stay on the imposition of service tax concerning future liability from 1st October 2011 under the relevant sections of the Finance Act, 1994.