9911796707
TMI Blog2013 (6) TMI 538X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. The applicants filed this application for waiver of pre-deposit of service tax of Rs. 1,61,94,252/- interest and penalties. The demand is confirmed after denying credit of service tax which was availed prior to entering into the contract for maintenance and repair service. 3. The applicants entered into contract with Ispat Industries Ltd. for repairs and maintenance of oxygen plant. As per the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation of the plant. Therefore, installation operation and maintenance are integrated activity. Hence, credit is not to be denied. 6. Revenue submitted that the applicants entered into two different contracts with Ispat Industries Ltd. One agreement is in respect of installation and commissioning of the plant. The applicants imported the plant and paid appropriate duty. The imported equipment was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ferent agreements the applicants are entitled to take credit in respect of the taxable services received which re in respect of operation and maintenance. 7. We find that the applicants entered into an agreement dated 22.5.2006 with Ispat Industries Ltd. for operation and maintenance of the plant. The amount in dispute is in respect of the credit of service tax which is in respect of taxable serv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is view of the matter, prima facie, the applicants have not made out a case for total waiver of service tax. Keeping in view the facts and circumstances of the case, the applicants are directed to deposit 25% of the service tax demand within 8 weeks. On deposit of the said amount, pre-deposit of the remaining dues is waived and recovery thereof is stayed during the pendency of the appeal. 8. Comp ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
