2010 (10) TMI 262 - AT - Service Tax

Waiver of pre-deposit - Online information and database access or retrieval services - appellants have already deposited an amount of Rs. 4.92 lakhs against the total demand of Rs. 9,65,916/- and seeks waiver of pre-deposit of the balance amounts involved - It is undisputed fact that the appellant is recipient of services and the entire activity was conducted at Singapore - appellants directed to deposit 5 lakhs.

Summary

Issues:
- Stay petition for waiver of pre-deposit of service tax, interest, and penalties.
- Interpretation of the definition of services under "Online information and database access or retrieval services."
- Determination of prima facie case for complete waiver of amounts involved.

Analysis:
The appellant filed a stay petition seeking a waiver of pre-deposit of service tax, interest, and penalties amounting to Rs. 9,65,916. The counsel argued that the service tax liability on the appellants, as service recipients of taxable services in India, should not apply under clause 105(zh) of Section 65 of the Finance Act, 1994. The appellants had already paid Rs. 4.92 lakhs of the total demand and requested a waiver of the remaining balance. The department sought recovery based on the activities conducted by the appellants in Singapore. The Tribunal noted the need for a detailed analysis of the definition of services under "Online information and database access or retrieval services" and the activities undertaken by the appellant. It was acknowledged that the appellant was the recipient of services, and a thorough examination of the issue was deemed necessary at the final disposal of the appeal.

The Tribunal, after considering the submissions from both sides, concluded that a prima facie case for a complete waiver of the amounts involved had not been established. The appellant was directed to deposit Rs. 5 lakhs within four weeks, taking into account the amount already paid. Compliance was to be reported before the Assistant Registrar, and subject to such compliance, the application for waiver of pre-deposit of the balance amounts was allowed, and recovery stayed until the appeal's final disposal. The decision was pronounced and dictated in court by the Tribunal.