2013 (1) TMI 216 - AT - Service Tax

Waiver of Pre-deposit - Non-inclusion of cost of free material supplied by the service recipient - October 2005 to March 2008 - Held that - The post service tax valuation rules, the said rules provides for inclusion of free material supplied by service recipients and has been directing the assessee in other cases to deposit some amount of the Service Tex liability for the period post service Tax valuation rules as a condition to hear and dispose the appeal. Appellant has already deposited an amount of Rs. 9.04 lakhs against the demand of Rs.38.53 lakhs for the entire period. Waiver of pre-deposit of balance amounts involved is allowed and recovery thereof stayed

Summary

Issues:
1. Waiver of amount of Service Tax, interest, and penalties under Sections 76 and 78 of Finance Act, 1994.
2. Non-inclusion of cost of free material supplied by service recipient.

Analysis:
1. The appellant filed a Stay Petition seeking a waiver of Service Tax amounting to Rs. 38,53,888, along with interest and penalties under Sections 76 and 78 of the Finance Act, 1994. The primary issue in question was the request for the waiver of this amount.

2. The specific issue involved in this case pertained to the non-inclusion of the cost of free material supplied to the appellant by the service recipient during the period from October 2005 to March 2008. The Tribunal noted that the period under consideration covered a time when the Service Tax liability was not in question, as well as a period post the Service Tax valuation rules coming into effect.

3. The Tribunal, after hearing arguments from both sides, acknowledged that post the implementation of the service tax valuation rules, there was a provision for the inclusion of free material supplied by service recipients. The Bench had consistently directed other assesses in similar cases to deposit a portion of the Service Tax liability for the period post the introduction of these rules. In this instance, the appellant had already deposited Rs. 9,04,000 out of the total demand of Rs. 38.53 lakhs for the entire period. The Tribunal considered this deposit sufficient to proceed with the appeal and address the legal issues raised by the appellant at the time of final disposal of the appeal.

4. Consequently, the Tribunal allowed the application for the waiver of the pre-deposit of the remaining balance amounts involved. It further ordered the stay of recovery of the outstanding amount until the final disposal of the appeal.