2013 (12) TMI 1071 - AT - Service Tax

Stay application - Demand of service tax - Receipt of services from International Finance Corporation which co-ordinates with the International Bank for Reconstruction and Development for providing loans for growth of private enterprises in the member countries - Held that - applicants are contesting that International Finance Corporation is not a financial institution or anybody corporate, which provides the services relating to banking. In view of this, the amount already deposited is sufficient pre-deposit. The application for waiver of pre-deposit of remaining dues is allowed and recovery of the remaining dues is stayed during the pendency of the appeal - Prima facie case in favour of assessee - Stay granted.

Issues:
1. Application for waiver of pre-deposit of Service Tax.
2. Interpretation of Section 65(12) of the Finance Act, 1994.
3. Whether services received from International Finance Corporation are taxable under Section 65(12).
4. Applicability of the Article of Agreement of International Finance Corporation.
5. Decision on the waiver of pre-deposit and stay on recovery of remaining dues.

Issue 1: Application for waiver of pre-deposit of Service Tax
The applicant sought a waiver of pre-deposit of Service Tax amounting to Rs.17,24,611, having already paid Rs.8,62,306. The demand was based on the provision of financial services under Section 65(12) of the Finance Act, 1994. The applicant argued that as a recipient of services from the International Finance Corporation, they were not liable for Service Tax under the said provision.

Issue 2: Interpretation of Section 65(12) of the Finance Act, 1994
The crux of the dispute revolved around the interpretation of Section 65(12) concerning the definition of financial services. The contention was whether the services received from the International Finance Corporation fell within the ambit of financial services as defined under the Act. The applicant claimed that the International Finance Corporation, being a coordinating agency and not a financial institution, did not provide banking or financial services.

Issue 3: Whether services received from International Finance Corporation are taxable under Section 65(12)
The Revenue argued that the applicant had paid for financial assistance from the International Bank for Reconstruction and Development, facilitated by the International Finance Corporation, thereby receiving taxable services covered under Section 65(12) of the Finance Act, 1994. The applicant, on the other hand, relied on the Article of Agreement of the International Finance Corporation, asserting that no financial or banking services were provided by them.

Issue 4: Applicability of the Article of Agreement of International Finance Corporation
The Tribunal examined the Article of Agreement of the International Finance Corporation, noting the applicant's argument that the corporation did not fall under the definition of a financial institution or a body corporate providing banking services. Based on this analysis, the Tribunal found that the amount already deposited was sufficient as a pre-deposit, allowing the application for waiver of the remaining dues and staying the recovery during the appeal's pendency.

Issue 5: Decision on the waiver of pre-deposit and stay on recovery of remaining dues
Ultimately, the Tribunal allowed the Stay Petition and granted the waiver of pre-deposit for the remaining dues, citing the applicant's argument regarding the nature of services provided by the International Finance Corporation and the provisions of the Finance Act, 1994. The recovery of the outstanding dues was stayed pending the appeal process.

This judgment by the Appellate Tribunal CESTAT AHMEDABAD involved a detailed analysis of the interpretation of Section 65(12) of the Finance Act, 1994, in the context of services received from the International Finance Corporation. The decision to grant a waiver of pre-deposit and stay on the recovery of remaining dues was based on the examination of the applicant's arguments, the Revenue's submissions, and the provisions of the relevant legal framework.

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