2014 (1) TMI 774 - AT - Service Tax

Waiver of pre-deposit - Demand of service tax - Manpower Supply service - Held that - appellant has been awarded contract by the Dairy for a specific job which is evident from the contract which is attached to the appeal memorandum. If that be the case we find that the final orders of the coordinate bench in the case of Ritesh Enterprise 2009 (10) TMI 182 - CESTAT BANGALORE Divya Enterprise 2009 (12) TMI 155 - CESTAT BANGALORE and K. Damodar Reddy (2009 (9) TMI 386 - CESTAT BANGALORE) decided the issue in favour of the appellant therein. We find that the appellant has made out a prima facie case on merits and hence we allow the application for the waiver of pre-deposit of amounts involved and recovery thereof stayed till the disposal of appeal - Stay granted.

Summary

Issues:
Waiver of pre-deposit of confirmed service tax, interest, and penalties under Finance Act, 1994 based on the nature of the contract for Manpower Supply service.

Analysis:
The appellant filed a stay petition seeking the waiver of pre-deposit of Rs. 90,46,298/- confirmed as service tax, interest, and penalties under the Finance Act, 1994. The amounts were confirmed and penalties imposed due to the alleged non-payment of service tax liability on the Manpower Supply service provided to various Dairies. The appellant argued that the contracts with the Dairies were lump-sum contracts based on the quantum of work awarded, not specifically for the supply of manpower. The adjudicating authority had dropped the proceedings, but the first appellate authority reversed this decision relying on certain decisions. The appellant contended that these decisions were distinguishable on factual grounds and cited precedents from the Tribunal to support their case.

The departmental representative countered by highlighting the recorded statement of the appellant's proprietor/partner admitting the liability to service tax and supported the findings of the lower authority. However, upon careful consideration, the Tribunal found that the appellant had indeed been awarded contracts by the Dairy for specific jobs, as evidenced by the attached contract. The Tribunal referred to previous decisions involving similar issues, including cases where one of the judges was party to the judgment, which ruled in favor of the appellants. It was concluded that the appellant had established a prima facie case on merits. Consequently, the Tribunal allowed the application for the waiver of pre-deposit and stayed the recovery of the amounts involved pending the disposal of the appeal.

In summary, the judgment revolved around the issue of whether the appellant was liable to pay service tax on Manpower Supply services based on the nature of the contracts with the Dairies. The Tribunal considered the contractual arrangements, previous decisions, and the arguments presented by both parties before granting the waiver of pre-deposit and staying the recovery of the amounts in question.