9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (7) TMI 199 - AT - Service TaxStay petition - appellant herein has already deposited an amount towards service tax liability, interest and penalty Held that - Amounts deposited by the appellant as enough deposit to hear and dispose the appeal - Stay petition is allowed and application for waiver of pre-deposit of balance amounts is allowed - If the appellant is able to satisfy the lower authorities they are eligible for the benefit of small scale service provider under the Notification No 6/005-ST, than the service tax liability on the appellant would reduce considerably - matter remanded back to the adjudicating authority to reconsider the issue afresh
Issues:
Stay petition for waiver of pre-deposit of balance amounts; Benefit of small scale exemption under Notification No 6/2005-ST. Analysis: The appellant had deposited specific amounts towards service tax liability, interest, and penalties, seeking a waiver of the remaining balance. The Tribunal deemed the deposited amounts as sufficient for hearing the appeal, allowing the stay petition and waiver application. However, the appellant's counsel raised an issue regarding the eligibility for the benefit of small scale exemption under Notification No 6/2005-ST, which was not previously claimed before the lower authorities. The counsel argued that if this plea is accepted, the service tax liability would significantly decrease. The Tribunal acknowledged that if the appellant proves eligibility for the small scale service provider benefit, their service tax liability would reduce substantially. Considering this as a legal issue, the Tribunal decided to remand the matter back to the adjudicating authority for a fresh examination. The Tribunal emphasized that the lower authorities must assess the appellant's eligibility for the exemption under the mentioned notification. The Tribunal refrained from expressing any opinion on the case's merits, keeping all issues open and setting aside the impugned order for reconsideration. In conclusion, the Tribunal directed the adjudicating authority to reevaluate the matter, ensuring adherence to the principles of natural justice before reaching any conclusions. The judgment highlighted the importance of examining the appellant's claim for the small scale exemption thoroughly, indicating that such legal issues can be addressed before the Tribunal as per established law.
|
