2013 (11) TMI 604

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..... 3
Service Tax
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 Finance Act, 1944 have also been imposed. 2. The learn .....

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..... earlier. In addition to the benefit of utilization of hospitality boxes which can accommodate 20 persons for watching international matches, the customers also get the benefit of using the stadium free of cost for any purpose during the tenure of the agreement. He submits that except for 8 persons, in all the remaining cases, the amounts were collected prior to 1.6.2007, the date on which the serv .....

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..... o 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 the 'event management service' involving an amount of Rs.39,55,200/-. He submits that the appellant have entered into a tripartite agreement with BCCI-IPL and Franchisee. BCCI and Franchisee conduct the sp .....

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..... this stage, we consider it appropriate that this amount has to be deposited. As regards 'renting of immovable property', on limitation, we find considerable force since the entire amount has been collected prior to 1.6.2007. Therefore, prima facie, we consider merit in the claim for limitation. As regards merit, the facility of utilization of the stadium for any purpose would clearly show that the .....

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