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2010 (1) TMI 496 - AT - Service TaxManagement, maintenance and repair service - That Authority found that the appellant had entered into contract with M/s. BSNL for maintenance and repairing of their underground cables and the appellants suppressed the facts to the department about nature of services provided. Held that - assessee was to be directed to pre-deposit part of demand.
Issues:
Service Tax demand on management, maintenance, and repair services provided by the appellant to BSNL. Analysis: The appellant failed to appear before the Adjudicating Authority, leading to a decision based on the materials on record. The Authority found that the appellant had provided management, maintenance, and repair services to BSNL, resulting in a Service Tax demand of Rs. 1,11,835 along with penalties and interest under relevant sections. The first Appellate Authority upheld this decision after noting that the appellant had concealed information about the nature of services provided to BSNL. The appellant had a history of litigation in various forums, including the Consumer Forum and the Allahabad High Court, without disclosing this to the Adjudicating Authority. Despite the appellant's argument that there was no management, repair, and maintenance contract, the Appellate Authority did not accept this plea. The nature of the contract was considered a works contract, and the appellant agreed to make a pre-deposit of Rs. 20,000 during the appeal process. The Appellate Tribunal thoroughly examined the matter and the contract's nature as described by the lower authorities. Finding no grounds for a full waiver of pre-deposit, the Tribunal directed the appellant to make a pre-deposit of Rs. 50,000 within a specified timeframe. Compliance with this order would result in the waiver of the remaining balance amount during the appeal's pendency. The Departmental Representative supported the decisions of the lower authorities, and both sides were heard before the Tribunal issued its directive regarding the pre-deposit requirement.
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