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TMI Blog2013 (11) TMI 604X X X X Extracts X X X X X X X X Extracts X X X X ..... ma facie case not in favour of assessee - Stay partly granted. Event management service - Tripartite agreement with BCCI-IPL and Franchisee - Facility provided by the appellant is the utilization of stadium, for which the appellant receives consideration - Held that:- Prima facie case in favour of assessee - Stay granted. - Appeal No.: ST/513/2012 - Misc. Order No. 26392/2013 - Dated:- 25-6-2013 - SHRI B.S.V. MURTHY AND DR. D.M. MISRA, JJ. For the Appellant: Mr. B. Venugopal, Advocate For the Respondent: Mr. A.K. Nigam, Addl. Commissioner, (AR) ORDER Per: B.S.V. Murthy; The demand of service tax for Rs.1,55,15,920/- has been confirmed against the appellant with interest. Penalties under Section 77 and 78 of the Fina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot be considered as renting of immovable property, since the facility of watching the matches is actually not covered by renting as it amounts to sale of tickets at a lump sum basis in advance. As regards the benefit of utilization of the stadium, he submits that this should attract levy under mandap keeping service and not under renting of immovable property . Therefore, he submits that on merits, the entire demand cannot be sustained and otherwise, on limitation substantial portion of the demand cannot be sustained. In respect of 8 persons who have paid for the hospitality boxes after 1.6.2007, he submits that the amount of service tax involved would be roughly Rs.16 lakhs. 4. The last item on which service tax has been demanded is t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not merely for watching international matches but also utilizing the stadium free of cost for other purposes. Prima facie, in our opinion, it comes under the purview of the definition of renting of immovable property . Therefore, we consider that appellants have to be put to terms as regards the amounts received from the remaining 8 persons after 1.6.2007. As regards event management , we find considerable force in the arguments advanced by learned counsel and take a view that appellants have made out a prima facie case. 7. In the result, we find that the appellants are required to discharge at least an amount of Rs.36 lakhs whereas they have already deposited Rs.50 lakhs. Therefore, there shall be waiver of pre-deposit and stay agains ..... X X X X Extracts X X X X X X X X Extracts X X X X
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