2010 (1) TMI 512 - AT - Service Tax

Stay order - applicant has already deposited amount and the same may be considered as sufficient amount for pre-deposit Held that - merit of the demands has not been disputed - direct the applicant to pre-deposit the entire service tax demand.

Summary

Issues involved: Stay of demand of service tax under "Rent-a-cab" service, invocation of sections 73(1)(a) and 73A of the Finance Act, 1994, sufficiency of pre-deposit, availability of financial sources to pay the demand.

Stay Application Analysis:
The applicant sought a stay of the service tax demand of Rs. 22,78,605 under the "Rent-a-cab" service category, along with interest and penalties under the Finance Act, 1994. The applicant submitted a written application, arguing that the demand was confirmed without invoking section 73(1)(a) of the Act. They also mentioned having already deposited Rs. 8 lakhs, which they believed to be a sufficient pre-deposit. Additionally, the applicant highlighted that they had not received a significant amount for services provided to government bodies like Bhavnagar Maha Nagar Palika and Gujarat Electricity Board. They further stated a lack of fixed financial sources to meet the demand.

Legal Submissions:
The learned SDR contended that section 73A of the Finance Act, 1994 was invoked in the show-cause notice and pointed out that the applicant did not dispute the demands on merit. It was argued that the confirmed demand pertained only to the service tax amount received by the applicant. The SDR asserted that the applicant had adequate funds to meet the demands, considering pending payments from government bodies.

Judgment Analysis:
After hearing both sides, the Tribunal found that the applicant did not dispute the merits of the demands. It was noted that section 73(1)(a) had been correctly invoked in the show-cause notice. Consequently, the Tribunal did not find a prima facie case in favor of the applicant. Therefore, the Tribunal directed the applicant to pre-deposit the entire service tax demand within eight weeks and report compliance by a specified date. Upon compliance, the interest and penalties imposed on the applicant would be stayed for the duration of the appeal.

This detailed analysis covers the issues of the stay application, legal submissions, and the judgment delivered by the Tribunal, providing a comprehensive understanding of the case.