Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2016 (5) TMI 377

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... llants are registered with the department for payment of service tax under various categories of taxable service. Proceedings were initiated against them for non -payment of service tax under various categories. The case was adjudicated resulting in the impugned order which confirmed the service tax demand of Rs. 3,16,67,099/- along with interest, confirmed recovery of interest of Rs. 14,34,421/- ; imposed penalty of Rs. 5,13,95,467/- under section 78 of Finance Act, 1994 and additional penalties under section 77 and 76 of the said Act. 2. Learned Counsel for the applicant submitted that there are two show cause notices ( dated 21.4.2011 and 7.9.2012) decided together by the impugned order. The service tax was mainly confirmed on the follo .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... s of the case for prima facie finding, we observe that on the first issue of demand of service tax relating to import of taxable service under the category of event management service, we find that the appellant entered into agreement with foreign entities for arranging eminent persons as speakers for their annual summit event. We have perused one such agreement and prima facie we are of the view that services received by the applicant from the overseas entities in connection with organizing annual summit in India will fall under the taxable service of event management and the applicant is liable for such tax on reverse charge basis with effect from 18.4.2006. As such, waiver of pre-deposit of the confirmed Service tax dues cannot be ma .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... haring of expenses are not relatable to business support services. Certain infrastructure facility are shared and the final tax liability of the applicant on this count has to be seen after examining each type of expense shared by the corporate companies. 7. After careful consideration of the submissions made by the applicant and on perusal of the impugned order, we find that the applicant failed to make out a strong case for full waiver of adjudicated dues. No financial hardship pleaded. We hold that in view of the specific finding in respect of each category of demand as above, the appellant is to be directed to deposit an amount of Rs. 2,00,00,000/- (Rupees Two crores only) within 8 weeks. On compliance of such pre-deposit of Service Ta .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates