2010 (12) TMI 518 - AT - Service Tax

Demand of service tax - As per the Notification 25/2004-S.T. dated 10th September, 2004, shows that the amount received by the service provider prior to 10th September, 2004 in relation to the service provided to a customer by a Commissioning and Installation Agency in relation to erection is exempt from payment of service tax - Held that total waiver of the amount demanded under the impugned order - Hence the application is allowed, the impugned order is stayed without insisting for any pre-deposit.

Summary

Issues:
1. Confirmation of service tax demand for services rendered to BHEL, Jhansi.
2. Applicability of Notification No. 25/2004-S.T. dated 10th September, 2004.
3. Exemption of service tax amount received before 10th September, 2004.

Analysis:
1. The authorities confirmed a service tax demand of Rs. 34,11,408 for services provided to BHEL, Jhansi from July 2003 to March 2006. However, it was noted that a significant portion of this amount related to services rendered before 10th September 2004.

2. The Consultant for the appellants referred to Notification No. 25/2004-S.T. dated 10th September 2004, which provides exemptions for certain taxable services provided before the specified date. The notification exempts the value of services provided to a customer by a Commissioning and Installation Agency in relation to erection if the amount was received before 10th September 2004.

3. The Tribunal, upon a plain reading of the notification, acknowledged that the amount received by the service provider before 10th September 2004 for services related to erection by a Commissioning and Installation Agency is exempt from service tax. Consequently, a prima facie case was established for a total waiver of the amount demanded in the impugned order. As a result, the application was allowed, the impugned order was stayed, and no pre-deposit was required, leading to the disposal of the application.