9911796707
TMI Blog2011 (1) TMI 729X X X X Extracts X X X X X X X X Extracts X X X X ..... tion. 2.1 The applicant seeks waiver of pre-deposit of service tax amounting to Rs.46,40,606/-, interest and penalties imposed under Sections 75A, 76, 77 and 78 of the Finance Act, 1994. The applicant alongwith dealers operate MTV outlets after entering into agreement individually with the various dealers. The applicants provided the trademark and technical know-how in respect of evaluation of pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ority, in terms of show cause notice issued in June, 2005, confirmed the demand of service tax of Rs.46,40,618/- under the category of franchise services and imposed penalties under various sections. The order of the original authority stands upheld by the Commissioner (Appeals). 3. Learned Advocated for the appellant submits that an MTV outlet is basically a joint venture jointly run by the appl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ax. The issues involved interpretation of legal provisions and therefore no penalties are warranted. 4. Learned SDR reiterates the findings and reasoning of the CCEA. He submits that the activity undertaken in terms of agreement clearly comes under franchise services. He also submits that the extended period has been rightly invoked. 5. We have carefully considered the submissions and perused th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bove, we dispose of stay petition by directing the applicant to deposit sum of Rs.15 lakhs (Rupees Fifteen Lakhs) within eight weeks and report compliance 8.4.2011. Subject to deposit of the above amount, we order waiver of pre-deposit of balance of duty and interest and penalties and stay recovery thereof till disposal of the appeal.
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