2011 (1) TMI 702 - AT - Service Tax

Demand - manpower supply services - Appellant being a non-governmental organization engages the services of medical personnel on payment of specified amount. This specified amount is paid by the District TB Control Society. - provisions of Rule 5(2) of Service Tax (Determination of Value) Rules, 2006 may prima facie apply to the appellant s case. If that be so, we are of the considered view that the appellant has made out a case for waiver of pre-deposit of the amounts as involved hereinabove - decided in favor of the assessee

Summary

Issues:
Stay petition for waiver of pre-deposit of service tax, interest, and penalty under the Finance Act, 1994.

Analysis:
The appellant filed a stay petition seeking waiver of pre-deposit of service tax, interest, and penalty amounts totaling Rs. 6,00,236 under the Finance Act, 1994. The Adjudicating Authority and the Commissioner (A) upheld the amounts due to the appellant providing "manpower supply" services. The appellant, a non-governmental organization, engaged medical personnel for TB/Malaria awareness and eradication in Ranga Reddy district under a memorandum of understanding with the District TB Control Society. The appellant argued that the personnel were engaged on a contractual basis, and Rule 5 of the Service Tax (Determination of Value) Rules, 2006 should apply, specifically Rule 5(2). The DR contended that the services provided did not fall under exempted services.

Upon reviewing the submissions and records, the Tribunal found that Rule 5(2) of the Service Tax Rules could prima facie apply to the appellant's case. Consequently, the Tribunal concluded that the appellant had established a case for the waiver of pre-deposit of the amounts in question. Therefore, the application for the waiver of pre-deposit of the service tax, interest, and penalty amounts was allowed, and the recovery was stayed pending the appeal's disposal. The decision was pronounced and dictated in open court by the Tribunal.