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2014 (5) TMI 68 - BOMBAY HIGH COURTWaiver of pre-deposit of the service tax - Reversal of CENVAT Credit availed - applicant are now providing renting of immovable property service, management and maintenance or repair service, availed the credit of tax paid in respect of services used for construction of Mall - Held that:- The Tribunal in the matter of Galaxy Mercantile (2013 (10) TMI 820 - CESTAT NEW DELHI - LB) was dealing with the situation similar to that in the present case. In that case also a mall had been constructed by a contractor. The Service Tax on the construction of the mall was paid at concessional rate under Works Contract (Composition Scheme for Payment of Service Tax) Rules, 2007 on the condition that the contractor would not avail credit of duty paid on inputs used by him in the construction. The Tribunal in the case of Galaxy Mercantile (supra) took a view that reversal of credit/pre-deposit to the extent of 35% of the credit involved on inputs and capital goods would be sufficient for the purpose of entertaining the appeal on merits. At the prima facie stage we are of the view that the decision of the Tribunal in Galaxy Mercantile (supra) is applicable to the facts of this case - Time to make pre deposit is extended - Decided partly in favour of assessee.
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