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2013 (10) TMI 860 - AT - Service TaxPayment of commission for procuring the orders - import of servcies - Manufacture of textile made ups - Held that - applicants already deposited more than 50% of tax except in Appeal No.ST/666/11. Following the cited stay order dt. 6.5.13 of the Tribunal, in Appeal No.ST/666/11 we direct the applicants to deposit a further amount of Rs.9,00,000 within a period of 8 weeks. Subject to such deposit, the pre-deposit of balance amount of tax along with interest would be waived and recovery thereof stayed during pendency of appeal - Decided partly in favour of assessee.
Issues: Tax liability under Section 66A of Finance Act 1994 for textile manufacturers engaging persons abroad for orders.
Analysis: 1. Facts of the Case: The applicants, engaged in textile manufacturing, paid commission to persons abroad for procuring orders, leading to a demand for service tax under Section 66A of Finance Act 1994. 2. Appeal Details: The tax demanded for each appellant was specified, ranging from Rs. 1,32,195 to Rs. 23,91,659, with the majority having already deposited over 50% of the tax, except for one appellant in Appeal No. ST/666/11 (Loomtex Exports). 3. Legal Submissions: The advocate for the appellants acknowledged the tax deposits made, highlighting an outstanding amount for Loomtex Exports. The advocate for the Revenue cited a Tribunal stay order in a similar case, directing a 50% pre-deposit of the tax demanded. 4. Judgment: After considering both sides, the Tribunal found that most appellants had already deposited more than 50% of the tax. Following the precedent of the Tribunal's stay order, the appellants in Appeal No. ST/666/11 were directed to deposit an additional Rs. 9,00,000 within 8 weeks. For the other appellants, pre-deposit of the remaining tax and interest was waived, with recovery stayed until the appeal's disposal. The compliance deadline was set for reporting on 4.10.2013. This judgment addressed the tax liability issue for textile manufacturers engaging persons abroad for orders, providing specific directives based on the individual appellant's tax deposits and the Tribunal's previous stay order.
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