2013 (11) TMI 865 - AT - Service Tax

Stay application - Waiver of pre deposit - Held that - Accepting the claim of the Chartered Accountant for the Applicant that they had deposited Rs.8.86 crore from the total demand of Rs.12.13 crore, pursuant to the passing of the impugned Order, prima facie, we are of the opinion that the amount deposited is sufficient for the purpose of disposal of the Stay Petition. In these circumstances, predeposit of the balance dues adjudged is waived and its recovery stayed during pendency of the Appeal - Prima facie case in favour of assessee - Stay granted.

Summary

Issues Involved: Application for waiver of pre-deposit of Service Tax and penalties under the Finance Act, 1994.

Analysis:

Issue 1: Waiver of pre-deposit of Service Tax and penalties
The Application sought waiver of pre-deposit of Service Tax amounting to Rs.12.13 crore and an equal penalty imposed under Section 78 of the Finance Act, 1994, along with penalties under other provisions of the Act. The Chartered Accountant for the Applicant stated that they had already deposited Rs.8.86 crore subsequent to the impugned Order. The Revenue argued against accepting these payments at that stage but requested the liberty to approach the Tribunal if the amount was found to be unpaid. The Tribunal, after hearing both sides, accepted the claim of the Chartered Accountant that Rs.8.86 crore had been deposited from the total demand. The Tribunal found this amount to be sufficient for the Stay Petition's disposal, waiving the pre-deposit of the balance dues and staying its recovery during the Appeal's pendency. The Department was granted the liberty to approach the Tribunal if the Applicant was found to have not paid the Service Tax. The case was directed to be linked with another Appeal, as requested by the Revenue.

This judgment by the Appellate Tribunal CESTAT KOLKATA, delivered by Dr. D. M. Misra, addressed the Application seeking waiver of pre-deposit of Service Tax and penalties under the Finance Act, 1994. The Tribunal considered the submissions of the Chartered Accountant for the Applicant and the Revenue's arguments before making a decision. The Tribunal found the amount of Rs.8.86 crore already deposited by the Applicant to be sufficient for the Stay Petition's disposal, thereby waiving the pre-deposit of the remaining dues and staying their recovery during the Appeal's pendency. The Tribunal granted the Department the liberty to approach them if the Service Tax amount was found to be unpaid. The case was directed to be linked with another Appeal as requested by the Revenue, ensuring procedural compliance and coordination in the adjudication process.