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2013 (11) TMI 1308 - AT - Service TaxService Tax on Profit sharing agreement - Demand of Service tax on account of business support services provided to BCCI-IPL – Held that:- this is a case where both the contracting parties pool resources and do their part of the activities and take risks of uncertain income and hence prima facie we are of the view that there is no service given by one party to another. Since substantial part of Revenue from the activity is received centrally in the hands of BCCI it is shared with other participants like applicant. Prima facie such routing of payments cannot be sufficient proof of provision of service by the applicant to BCCI - prima facie demand is not maintainable because they were not providing any services to the BCCI-IPL and the whole activity is carried out on the basis of profit sharing agreement between the appellants and BCCI-IPL. Deposit of ₹ 4.23 crores made by applicant is sufficient for the admission of the appeal. So we waive the requirement of predeposit of balances dues for admission of appeal and there shall be stay on its collection during the pendency of the appeal - Stay granted.
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