2013 (12) TMI 561 - AT - Service Tax

Waiver of pre deposit - Demand of service tax - Bar of limitation - Held that - this prima facie stage, no deposit can be called for from applicant for admission of appeal - Stay granted.

Summary

Issues:
1. Whether providing employees to group companies on deputation basis constitutes man power supply services liable for service tax.
2. Whether the demand for unpaid tax during a specific period is time-barred.
3. Whether the demand for tax should be paid under the provisions of Section 73(3) of the Finance Act, 1994.
4. Whether the appellant's appeal to the Tribunal, along with a stay petition for waiver of pre-deposit of dues, should be granted.

Analysis:

Issue 1: The applicant-company provided employees to their group companies on deputation basis. The Revenue contended that this activity amounted to man power supply services attracting service tax. A Show Cause Notice was issued demanding unpaid tax for a specific period. The original authority upheld the demand, but the Commissioner (Appeals) ruled in favor of the applicant, stating that the demand was time-barred. The Commissioner also mentioned that tax should be paid under Section 73(3) of the Finance Act, 1994. The appellant challenged this decision before the Tribunal, seeking a waiver of pre-deposit of dues.

Issue 2: The appellant's counsel argued that since the Commissioner (Appeals) had ruled in their favor on both the merits of the case and the issue of time-bar, there should be no demand for tax. On the other hand, the Revenue's representative contended that the Commissioner had erred in his findings, asserting that this was indeed a case of man power supply. The Revenue had also filed an appeal against the Commissioner's decision.

Issue 3: After considering the submissions from both parties, the Tribunal found that at the prima facie stage, no deposit should be required from the applicant for the admission of the appeal. Consequently, the stay petition was granted, allowing the appeal to be linked with the Revenue's appeal against the same order.

In conclusion, the Tribunal granted the stay petition, allowing the appeal to proceed without the need for the appellant to make a pre-deposit. The decision highlighted the importance of considering both the merits of the case and the issue of time-bar in determining the liability for service tax on providing employees to group companies on deputation basis.