2014 (6) TMI 522 - AT - Service Tax

Business Exhibition service - reverse charge mechanism - Held that - In the case of Merino Industries Ltd. v. Commissioner of Central Excise Meerut-II reported in 2011 (7) TMI 820 - CESTAT NEW DELHI on the same issue this Tribunal has granted unconditional waiver of pre-deposit of entire amount of service tax interest and penalty in similar facts. Therefore the applicants are entitled for waiver of pre-deposit. Following the ratio of the precedent decision in this matter also we find that the applicants had made out a case for waiver of the pre-deposit. Accordingly we waive the requirement of pre-deposit of the entire amount of Service Tax interest and penalty and stay recovery thereof during the pendency of the appeal - stay granted.

Summary

The Appellate Tribunal CESTAT CHENNAI ruled in favor of the applicants who participated in an exhibition outside India and availed "Business Exhibition service." The Tribunal waived the pre-deposit requirement of service tax, interest, and penalty, following a precedent decision. Recovery of the amount was stayed during the appeal.