9911796707
TMI Blog2010 (9) TMI 640X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by a service provider as a pure agent of the recipient of service from the value of taxable service subject to fulfillment of certain conditions, is also debatable - CENVAT credit prima facie not acceptable. The applicants contend that none of the moneys received from the occupants of the shops in the plaza are accounted as revenue - Commissioner of Income Tax (Appeals) holding that surplus available in the end of financial year need not be brought to tax in the hands of the applicants, as the surplus does not belong to the applicant’s company - Prima facie no service tax an be levied on supply of electricity and water which are goods and cannot be treated as services - Direct the respondent for predeposit of a sum of Rs. 15,00,000/- an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e that the assessees act as pure agents of the owners/occupants of the plaza and are, therefore, not liable to service tax as per Rule 5(2) of the Service Tax (Determination of Value) Rules, 2006 which provides for exclusion of expenses or costs incurred by a service provider as a pure agent of the recipient of service from the value of taxable service subject to fulfillment of certain conditions, is also debatable. The claim of the assessees that they are entitled to take credit of Rs. 51,33,226/- is also prima facie not acceptable in view of the findings of the adjudicating authority in para 7.3 of the impugned order that assessees are entitled to take credit of only Rs. 7,85,686/- on the basis of documents produced by them. 3. The appl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... circumstances of the case, including the plea of financial hardship based upon the profit and loss account showing profit of only Rs. 1.50 lakhs in the financial year ending 31-3-2009 (the latest financial position is not placed before us), we direct predeposit of a sum of Rs. 15,00,000/- (Rupees fifteen lakhs only) within a period of eight weeks from today and on such deposit, pre-deposit of the balance amounts shall stand waived and recovery thereof stayed pending the appeal. Failure to comply with this direction shall result in vacation of stay and dismissal of appeal without prior notice. 6. Compliance is to be reported on 29-11-2010. (Operative part of the order was pronounced in open court on 6-9-2010) - - TaxTMI - TMITax - Se ..... X X X X Extracts X X X X X X X X Extracts X X X X
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