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TMI Blog2010 (9) TMI 640X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant. Shri V.V. Hariharan, JCDR, for the Respondent. [Order per : Jyoti Balasundaram, Vice-President] . - We have heard both sides on the application for waiver of predeposit of service tax of Rs. 7,68,62,202 (Rs. 7,76,47,888/- less Rs. 7,85,686/- representing CENVAT credit appropriated) together with interest, covering the period 16-2-2005 to 31-1-2008, applying the period of limitation, and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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, i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. However, the above order does not come to the aid of the applicants as the concept in service tax is different namely levy of tax on rendering of services. No argument was advanced on the time-bar aspect. 4. The appl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... akhs 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 vac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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