2013 (2) TMI 508 - HC - Service Tax

Maintenance and repairs of railway sidings owned by private parties carried out by Central Railway - seeking waiver of pre-deposit of 50% of the service tax as by a Notification dated 21 December 2010 an exemption was provided in respect of management, maintenance or repair of railways - Held that - As it appears that from 21 December 2010 Notification the service provided for the management, maintenance or repair of railways stands exempted.Hence, insofar as the demand covered by the second show cause notice dated 3 May 2011 for 2010-11 is concerned (Rs.74.22 lakhs), a complete waiver of deposit was warranted. For the balance of the demand of ₹ 2.51 crores which relates to the period 2005-06 to 2007-08 this period is prior to the exemption notification thus appeleant direct to deposit an amount equivalent to 20% of the demand within a period of eight weeks from today.

Issues:
- Substantial question of law regarding directing the Appellant to make a pre-deposit of 50% of the service tax adjudged within a specific period.
- Applicability of exemption notification for management, maintenance, or repair of railways.
- Justification of the Tribunal's decision on the pre-deposit amount and compliance timeline.

Analysis:

Issue 1: Substantial question of law on pre-deposit requirement
The High Court admitted the appeal based on the substantial question of law concerning the Tribunal's direction for the Appellant to make a pre-deposit of 50% of the service tax adjudged within a specified period. The Court took up the appeal for hearing and final disposal by consent.

Issue 2: Applicability of exemption notification
The case involved the Central Railway carrying out maintenance and repairs of railway sidings owned by private parties, which the Revenue considered as a taxable service under the Finance Act. The Appellant argued for a waiver based on a Notification exempting management, maintenance, or repair of railways issued by the Central Government. The Court noted the exemption's expansion to cover various infrastructures and found a prima facie substantial question regarding the exemption's applicability to the railway management and repair services provided.

Issue 3: Tribunal's decision on pre-deposit amount and compliance timeline
The Tribunal had directed the Appellant to make a pre-deposit of 50% of the service tax adjudged and report compliance within a specific timeline. The Appellant sought a complete waiver for the demand under the second show cause notice dated 3 May 2011, citing the exemption notification. The Court granted a complete waiver for this demand but required a 20% deposit for the balance of the demand for the period 2005-2008, considering it was prior to the exemption notification. The Court modified the Tribunal's order accordingly, providing detailed reasoning for the waiver and deposit amounts.

In conclusion, the High Court answered the substantial question of law by directing a complete waiver for one demand and a 20% deposit for another, based on the applicability of the exemption notification and the timing of the demands. The Court clarified that its observations were for the stay application purpose and would not impact the final appeal's merits. The appeal was disposed of with no order as to costs.

← Previous Next →