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TMI Blog2012 (6) TMI 723X X X X Extracts X X X X X X X X Extracts X X X X ..... ivileges and Immunities) Act, 1947 and Finance Act, 1994. Therefore, appellant has made out a case for 100% waiver of pre-deposit, accordingly, we waive the requirement of pre-deposit of entire amount of service tax, interest and various penalty and recovery thereof stayed during the pendency of the appeal. - ST/651/11-Mum - S/701/12/CSTB/C-I - Dated:- 17-5-2012 - Ashok Jindal, P R Chandrasekharan, JJ. For Appellant: Mr Sujit Ghosh, Adv For Respondent: Mr Y K Agarwal, Addl. Commr (AR) Per: Ashok Jindal: 1. The appellant has filed an application for stay of demand confirmed against them of Rs.8,22,79,928/- of service tax along with interest and various penalties under the Finance Act, have been confirmed against them for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the ADB Act nor proviso (c) of section 3 of the IFC Act impose any restriction on the service tax exemption. c) Neither Article 56(3) (4) of the ADB Act, nor section 9(c) (d) of the IFC Act are relevant for considering whether or not the transaction in question should be eligible for tax benefit. d) Article 56 ADB Act and section 9 of the IFC Act would override the Finance Act, 1994 as the same are in conformity with the Constitutional framework as per Article 253 of the Constitution. 5. On the other hand, the contentions were strongly opposed by the ld. AR on the ground that this Tribunal is created under the Customs Act/Excise Act and is having limited powers to exercise and discharge the functions covered by these A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ained in the provisions set out in the Schedule, the Central Government may, by notification 2 in the official gazette, declare that the provisions set out in the schedule shall subject to such modifications, if any, as it may consider necessary or expedient for giving effect to the said agreement, convention or other instrument, apply mutatis mutandis to the International Organization specified in the notification and its representatives and officers, and thereupon the said provisions shall apply accordingly and notwithstanding anything to the contrary contained in any other law, shall in such application have the force of law in India and as per the Notification 16/2002-Service Tax dated 02.08.2002, the Government of India has exempt all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the issue involves interpretation of various provisions of law such as Article 246, 253 of the Constitution of India, the various provisions of ADB and IFC Act and the provisions of United Nations (Privileges and Immunities) Act, 1947 and Finance Act, 1994. Therefore, we are prima facie of the view that the appellant has made out a case for 100% waiver of pre-deposit, accordingly, we waive the requirement of pre-deposit of entire amount of service tax, interest and various penalty and recovery thereof stayed during the pendency of the appeal. 11. Registry is directed to send a copy of this order to Chairman, CBE C for obtaining an opinion and come up with a clear stand whether the activity involved in the matter is taxable or not. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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