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2008 (8) TMI 241

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..... were known to the Department. The assessee has made out a strong case with regard to the limitation – appellants are regularly paying the service tax of huge amount and hence, the Revenue’s interest is safeguarded – stay is granted partly - ST/389/2007 - 778/2008 - Dated:- 4-8-2008 - Dr. S.L. Peeran, Member (J) and Shri T.K. Jayaraman, Member (T) Shri N. Prasad, Advocate, for the Appellant. .....

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..... fees (iv) Sea Freight/Airline Commission (v) Airline Incentive (vi) Freight rebate (Air/Sea/Consol) (vii) Profit share from origin (viii) Unallocated Income (ix) System Currency Adjustment Factor The appellant has raised the issue of time-bar as the services were rendered for the period from 1-1-2000 to 31-12-2004 and during this period, they had discharged the service tax pertaining .....

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..... s order and submits that they are not liable to pay tax as the demands are barred by time. He submits that for the purpose of securing the Revenue, they are willing to deposit a sum of Rs. 50,00,000/-, if three months time is granted to them. 2. The learned DR argues in detail on the basis of findings given by the Commissioner and points out that the details were not furnished to the Departmen .....

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..... ,00,000/-. The plea raised by the assessee is acceptable at this prima facie stage. The appellants are regularly paying the service tax of huge amount and hence, the Revenue's interest is safeguarded. Therefore the stay application is allowed subject to pre-deposit of Rs. 50,00,000/- (Rupees Fifty lakhs only) within a period of three months from today and on such deposit, the pre-deposit of balanc .....

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