TMI Blog2013 (9) TMI 926X X X X Extracts X X X X X X X X Extracts X X X X ..... RDER Per Pradip Kumar Das: The Miscellaneous application for change of cause title filed by the department is allowed and the name of the respondents is changed from Commissioner of Central Excise, Chennai-III to Commissioner of Service Tax, Chennai. 2. The applicant filed this application for waiver of pre-de[posit of tax of Rs.1,58,00,371/- along with interest and penalty. 3. The learned Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng of immovable property. She submits that they had entered into an agreement with the parties concerned for running of a 'Food court', as Joint Venture. On a perusal of the agreement, we are not satisfied with the submissions of the learned Counsel. We find the demand of tax is under the category of 'Renting of Immovable Property Service' and in the agreement there is categorical clause for colle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... collected by them. Hence, the applicant is directed to pre-deposit a further amount of Rs.40 lakhs (Rupees Forty Lakhs only) within a period eight weeks from today. Upon deposit of the same, the balance adjudged dues shall remain waived and recovery thereof stayed during the pendency of the appeal. We have noted that out of the total amount of Cenvat credit of Rs.15 lakhs, the applicant has not b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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