2008 (4) TMI 61 - AT - Service Tax

Issue is regarding the amount received by the applicant from the Franchiser as rent revenue alleged that assessee has sold goods from his premises so duty is payable under Business auxiliary services - It is seen from the records that the agreement is franchisee agreement - application for waiver of pre-deposit of the amounts is allowed and recovery thereof stayed

Summary

The Appellate Tribunal CESTAT, Mumbai allowed the waiver of pre-deposit of service tax amount of Rs. 1,22,160 in a case involving a franchisee agreement. The tribunal considered the agreement as a franchisee agreement based on previous rulings and stayed the recovery of the amount until the appeal is disposed of.