2008 (8) TMI 251 - AT - Service Tax

Stay petition by the Revenue for stay the operation of impugned order of Commissioner in which the demand of Rs. 1.48 crores stands dropped by him revenue submits that the respondents have deposited an amount of Rs. 20 lakhs during the course of investigation and if the impugned order is not stayed, Revenue would be under an obligation to refund the said amount - respondents submits that they would not claim for refund of the said deposit - hold that the amount of Rs. 20 lakhs would continue to be with the Department

Summary

The Appellate Tribunal CESTAT Ahmedabad heard an appeal by the Revenue against the dropping of a demand of approximately Rs. 1.48 crores by the Commissioner of Service Tax, Ahmedabad. The Revenue filed a stay petition requesting to stay the Commissioner's order. The respondents had deposited Rs. 20 lakhs during the investigation. The respondents agreed not to claim a refund of the deposit, so the Tribunal allowed the Revenue's application, and the deposited amount would remain with the Department.