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2010 (3) TMI 339 - CESTAT, MUMBAISecurity services – stay – pre deposit - Revenue found on investigation that the appellants had not paid full amount of Service Tax on security charges collected by them and differential Service Tax was worked out to Rs. 3,52,67,513/-. The amount was demanded on the basis of figures in the Profit & Loss Account since the appellants have not any details. For the subsequent two years also, in spite of issue of repeated summons and letters to the appellants, they failed to submit the required data and details of actual amount of Service Tax collected, paid and payable. – Held that: - for the purpose of levying of Service Tax, the appellants are required to maintain accounts and since the Service Tax is required to be paid on receipt basis, it is more important that appellants maintain proper accounts. Further, the appellants are also required to maintain accounts to show the services rendered, amount received and the period of which it relates. In these circumstances, we find that it would be proper to require the appellants to deposit the full amount of Service Tax and the penalties - Subject to the pre-deposit of Rs. 3 crores as directed, the requirement of pre-deposit of the balance amount of Service Tax, interest thereon and penalties are waived and stay against recovery of the same is granted during the pendency of the appeal.
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