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2015 (1) TMI 180 - CESTAT CHENNAIWaiver of pre deposit - High seas Sale - Commission income or sales activity - Held that:- Prima facie, that the applicant sold the goods to the TNEB as evident from the purchase order and Highseas Sale Agreement. There is a tripartite agreement between M/s. Adani Global Pte. Ltd., Singapore, the seller, MMTC the buyer and M/s. Adani Export Ltd., the seller's agent. The Commissioner confirmed the demand of tax on the basis of combined reading of agreement and Highseas Sale Agreement. Prima facie, we find that the applicant sold the goods to TNEB and, therefore, service tax on the administrative charge is not sustainable. Accordingly, we find it a fit case for granting waiver of pre-deposit of entire amount of tax and penalty. Pre-deposit of entire amount of tax and penalty and stay recovery thereof till disposal of the appeal - Stay granted.
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