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2014 (7) TMI 1046 - AT - Service TaxWaiver of pre deposit - service provided to associated enterprises - amendment to section 67 is prospective or retrospective in nature - man-power recruitment and supply services and engineering consultancy services - Held that:- in view of insertion of Explanation (c) in section 67 of the Finance Act, 1994 on May 10, 2008, where the transaction is with any associated enterprises, the service tax on taxable service is liable to be paid as soon as the transaction is entered in the books of account - the transaction of the taxable service with the associated enterprises was entered in the books of account prior to May 14, 2008 and waiting for actual remittances. Amount in question was not realised till date and was shown in the balance sheet - they have also realised part amount and against which they have already paid an amount of ₹ 1,13,642. Prima facie, the Tribunal had given a detailed finding on the issue of applicability of the Explanation prospectively - applicant has made out a prima facie case for waiver of pre-deposit of the entire amount of tax and penalty - Following decision of Sify Technologies Ltd. [2012 (5) TMI 376 - CESTAT, CHENNAI] and [2010 (11) TMI 232 - CESTAT, CHENNAI] - Decided in favour of assessee.
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