2010 (5) TMI 240 - AT - Service Tax

Stay- Telephone Service- service tax of Rs.9,05,093/- confirmed on call charges collected in respect of village panchayat telephones maintained by village panchayat for the period from Oct 2000 to Sept 06 together with interest and penalty under Section 76 of the Finance Act, 1994. The demand stands confirmed as a result of denial of the benefit of exemption in terms of S.No.13 of the Table to Notification No.3/94-CE dt.30.6.94 exempting taxable services of guaranteed public telephone operating only for local calls on the ground that there was no minimum guaranteed amount for village panchayat telephones. Held that- pre-deposit of Rs. 4 lakh directed.

Summary

Issues:
Waiver of predeposit of service tax on call charges collected in respect of village panchayat telephones under Notification No.3/94-CE dt.30.6.94.

Analysis:
The judgment by the Appellate Tribunal CESTAT, CHENNAI, involved the issue of waiver of predeposit of service tax amounting to Rs.9,05,093 confirmed on call charges collected for village panchayat telephones. The demand was confirmed due to the denial of exemption under S.No.13 of Notification No.3/94-CE, which exempts taxable services of guaranteed public telephones operating only for local calls. The Tribunal observed that the goods in question did not fall under the exemption as there was no minimum guaranteed amount for village panchayat telephones. The appellant sought to rely on coverage under S.No.12 of the Table for "departmentally run public telephones for local calls," but the Tribunal found that even this provision did not apply as village panchayat telephones could not be considered as departmentally run public telephones. Consequently, the Tribunal held that no prima facie case for total waiver had been established. As a result, the Tribunal directed the appellant to predeposit Rs.4,00,000 towards service tax within four weeks, after which the predeposit of the balance tax, interest, and penalty would be waived, and recovery stayed pending the appeals. Failure to comply would lead to the vacation of stay and dismissal of appeals without prior notice.

The Tribunal set a deadline for compliance to report on 5.7.2010, emphasizing the importance of adhering to the directive. The judgment was dictated and pronounced in open court, ensuring transparency and accountability in the legal proceedings.