9911796707
TMI Blog2015 (9) TMI 1330X X X X Extracts X X X X X X X X Extracts X X X X ..... ersons and the levy of service tax was introduced on restaurants services extending to all A/C restaurants w.e.f. 1.7.2012. Regarding demand made on unbilled revenue, we find from the Chartered Accountant certificate though it was reflected in balance sheet as per accounting standard, the amount was realised only in the next financial year and during the relevant period the service tax is to be paid only on realisation of amount. Therefore, we are of the considered view that in respect of demands on supplies to SEZ, food courts and unbilled revenue, appellant prima facie has made out a case for waiver of predeposit. - Partial stay granted. - Application No. ST/S/42117/2014, ST/41796/2014 - Misc. Order No. 40877/2015 - Dated:- 29-5-2015 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uced only from 1.7.2012. Regarding demand on the bad debts, the adjudicating authority excluded the value of major amount except for the year 2010-11. 3. Regarding unbilled amount accounted in the balance sheet in the same financial year he produced Chartered Accountant certificate certifying the amount shown as per accounting standards follows. He submits that since the amount is not realized during the period and it is not taxable as service tax was payable only on realization basis. He refers to the reconciliation statement and Chartered Accountant at pages 115-124 of the paper book. He submits copy of food court bills in support of sale of food to individual persons. He therefore submits that entire demand does not survive and pleade ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to all A/C restaurants w.e.f. 1.7.2012. Regarding demand made on unbilled revenue, we find from the Chartered Accountant certificate though it was reflected in balance sheet as per accounting standard, the amount was realised only in the next financial year and during the relevant period the service tax is to be paid only on realisation of amount. Therefore, we are of the considered view that in respect of demands on supplies to SEZ, food courts and unbilled revenue, appellant prima facie has made out a case for waiver of predeposit. However, as regards the bad debts, we find that the adjudicating authority have already allowed for the period upto 2010-11 and the dispute is for the year 2011-12 and the amount involved is ₹ 43,21,496/- ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
