2010 (2) TMI 364 - AT - Service Tax

Stay-Business Auxiliary Services- The issue involved in this case is regarding the Service Tax liability on the brokerage/commission passed on by the shipping line to the shipper. Held that- In the absence of any evidences, the appellant has not made out a prima facie case for complete waiver of the amount of Service Tax confirmed by the Adjudicating Authority and upheld by the learned Commissioner (Appeals). Thus, the appellant to pre-deposit an amount

Summary

Issues involved:
Service Tax liability on brokerage/commission passed on by the shipping line to the shipper.

Analysis:
The case involved a stay petition for the waiver of pre-deposit of various amounts related to Service Tax liability. The issue at hand was the Service Tax liability on the brokerage/commission passed on by the shipping line to the shipper. The appellant's counsel argued that the amounts in question did not represent payment towards any services but were related to brokerage/commission transactions. The counsel highlighted that the amounts were transferred to the appellant's account and then passed on to the shipper when the shippers did not claim the brokerage within 90 days. However, the learned DR emphasized the need for evidence to show that the commission had been remitted to the appellant's account without any consideration.

Upon hearing both sides and examining the records, the Tribunal found that the issue of Service Tax liability on the commission provided by the shipping line was arguable and required detailed scrutiny. Despite the appellant's arguments, the Tribunal noted the lack of evidence presented by the appellant's counsel regarding the business practice and evidences related to the transactions in question. Consequently, the Tribunal concluded that the appellant had not established a prima facie case for a complete waiver of the confirmed Service Tax amount. As a result, the Tribunal directed the appellant to pre-deposit a specific amount within a specified timeframe and report compliance accordingly. Upon such compliance, the condition for pre-deposit of the remaining amounts was waived, and the recovery was stayed pending the appeal's disposal.

This detailed analysis highlights the key arguments presented by both parties, the Tribunal's assessment of the evidence and legal arguments, and the decision reached regarding the pre-deposit requirement and stay of recovery pending appeal disposal.