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2013 (11) TMI 914 - CESTAT BANGALOREWaiver of pre deposit - Appellant contends that provisions were only made in records and no service was rendered to the appellant by foreign agency - Held that:- The materials brought to our notice today are only some accounting figures without the material evidence to show that there was a dialogue between the appellant and foreign service provider and that was not materialized and provision was only book entries. Neither there is any whisper in the published accounts about materialization of the dialogue between the parties nor the Director’s report was placed before us to appreciate that shareholders of the company were informed about the contract. Such propositions are enough to ask for pre-deposit when fluctuation in foreign currency, TDS was involved in the entire transaction as shown to us today - All the above aspects prove that appellant has not come out with clean hands to claim that there should be waiver of pre-deposit and no incidence of tax arose - Prima facie case not in favour of assessee - stay granted partly.
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