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2009 (11) TMI 470 - AT - Service TaxStay Order - Assessee was providing taxable servies of renting of cab by supplying vehicle on rent. On investigation, department found that assessee was indulging in evasion of service tax. Service tax demand confirmed on assessee along with interest and penalty. Held that - in the light of the plea of assessee for financial hardship, it was to be directed to deposit 25% of service tax amount.
Issues: Stay petition against service tax demand and penalty under Finance Act, 1994.
Analysis: 1. The appellants filed a stay petition against the confirmation of service tax demand of Rs. 3,20,597 for services in the rent-a-cab category and the imposition of a penalty of Rs. 6,41,194 under section 78 of the Finance Act, 1994, along with interest and other penalties. The appellants were providing rent-a-cab services without valid service tax registration. During an investigation, it was discovered that they were evading service tax by renting out vehicles. A show-cause notice was issued, and the demand for service tax was confirmed with penalties. 2. During the hearing, the appellants submitted a written plea citing financial hardship and requested recovery of the disputed amount from another entity. They also argued that their case was similar to a decision by the Tribunal in the case of Kuldip Singh Gill v. CCE [2005] and Ganesh Maniyani v. CCE [2008], where unconditional stays were granted. However, upon careful consideration, the Tribunal found that the appellants had not established a strong case in their favor. Due to financial hardship, the Tribunal directed the appellants to pre-deposit 25% of the service tax demand within six weeks. Failure to comply would result in the dismissal of the appeal without further notice. The remaining amount of service tax, interest, and penalties would be stayed during the appeal's pendency upon the pre-deposit. This detailed analysis of the judgment provides a comprehensive overview of the issues involved and the Tribunal's decision regarding the stay petition against the service tax demand and penalty under the Finance Act, 1994.
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