2011 (7) TMI 981 - AT - Service Tax

Waiver of pre-deposit - demand is confirmed on the ground that applicant received taxable services from the foreign airlines - Held that the applicant is the importer who filed the Bill of Entry and the component of the Airfreight is part of the assessable value and therefore, the applicant has a strong prima facie case for waiver of the tax, interest and penalties - Petition is allowed

Summary

The appellate tribunal waived the pre-deposit of service tax, interest, and penalties for the appellant who filed a Bill of Entry as an importer of goods, arguing that the airfreight component should be part of the assessable value. The tribunal found a strong prima facie case for waiver and stayed the recovery pending appeal.