2015 (10) TMI 520 - HC - Service Tax

Waiver of Pre-deposit Services rendered amenable to service tax or not - Appellant facilitates Indian Railways to procure advertisements - Pay the charges directly to the railways and takes a commission Held That - Pre-deposit of tax is onerous - Order of the Tribunal modified Stay granted partially.

Summary

Issues:
Challenge to pre-deposit condition imposed by CESTAT regarding service tax on services provided to Indian Railways.

Analysis:
The appellant challenged the pre-deposit condition imposed by the CESTAT regarding the service tax on services provided to the Indian Railways. The key issue was determining whether the services rendered by the appellant to the Indian Railways were subject to service tax. The distinction between business support services and business auxiliary services was crucial in deciding the tax liability. The appellant argued that they facilitated the Indian Railways in procuring advertisements for display on digital boards at railway stations, with advertisers paying charges directly to the railways and the appellant receiving a commission.

The High Court, after hearing arguments from both sides, found the pre-deposit condition of more than 50% of the tax demand to be burdensome. Consequently, the appeal was allowed, and the order of the Tribunal was modified. The appellant was directed to make a pre-deposit of Rs. 2,00,000 within four weeks. Upon such deposit, the Tribunal was instructed to proceed with numbering the appeal and disposing of it in accordance with the law. As a result, M.P.No.1 of 2015 was closed without any costs being awarded.