2014 (1) TMI 1456 - AT - Service Tax

Amount paid to parties situated abroad service tax not paid Waiver of Pre-deposit - Held that - The appellant has already deposited an amount of Rs. two lakhs as pre-deposit The amount deposited by the appellant can be considered as enough deposit to hear and dispose the appeal as the issue involved in this case is an arguable one and needs considerable time to come to a conclusion - the application for the waiver of pre-deposit of the amounts allowed stay granted.

Summary

Issues:
Waiver of pre-deposit of service tax liability under Section 66A of the Finance Act, 1994.

Analysis:
The appellant filed a stay petition seeking the waiver of pre-deposit of an amount of Rs. 3,45,723/-, along with interest and penalties under various sections of the Finance Act, 1994. The lower authorities confirmed the amounts due, stating that the appellant failed to discharge service tax liability on payments made to foreign training institutes for training their personnel, as per Section 66A of the Finance Act, 1994. The appellant had already deposited around Rs. two lakhs during the proceedings and contested the issue on merits, claiming they were not liable for penalties or service tax on the entire amount paid to the foreign institutes.

Upon hearing both parties and examining the records, the Tribunal noted that the issue in question was debatable and required substantial time for a conclusion. Considering the amount already deposited by the appellant and the merit of the case, the Tribunal found it sufficient to proceed with the appeal. Consequently, the Tribunal allowed the application for the waiver of pre-deposit and stayed the recovery of the remaining amounts until the appeal was disposed of. The decision was made to facilitate a fair hearing and resolution of the matter, acknowledging the complexity and significance of the issue at hand.