TMI Blog2016 (5) TMI 449X X X X Extracts X X X X X X X X Extracts X X X X ..... e required to be discharged service tax liability at that point of time only. Held that:- in respect of interest we are of the view that in terms of provision of Section 67 the service tax liability was required to be discharged at the time of the receipt of advances itself. The delayed discharged of such service tax as rightly, at this prima facie stage, accrued as interest liability against the appellant. In as much as, the appellant has not pleaded any financial hardship and we have observed against the assessee on the said legal issue for payment of interest the applicant is directed to deposit an amount of ₹ 60 lakhs towards the said liability within a period of six weeks from today. Demand of Service tax of ₹ 2.34 cr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... remain waived and its recovery stayed during the pendency of the appeal. - Application No. ST/Stay/53106/2014 In Appeal No. ST/52779/2014-ST(DB) - Stay Order No. 50386/2016-ST(DB) - Dated:- 15-3-2016 - MS. ARCHANA WADHWA, MEMBER (JUDICIAL) AND SHRI B. RAVICHANDRAN, MEMBER (TECHNICAL) For the Petitioner : Shri S.C. Kamra Shri G.K. Mahajan, Advocate For the Respondent : Shri Amresh Jain, DR ORDER PER ARCHANA WADHWA: After hearing both the sides we find that service tax of around 5.17 crores has been confirmed against applicant along with confirmation of interest and imposition of penalty. 2. After hearing both the sides, duly represented by Shri S.C. Kamra Shri. G.K. Mahajan, Ld. Advocate for the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o made by them are utilized by debiting the same towards the consideration in respect of services provided by them. In some cases at the year-end, certain amounts are left with them which are carried forward for the next year and stands debited toward consideration for the services provided in the next year. However, the revenue has taxed such remaining amount under the category of cargo handling. He submits that there is no justification for separately taxing said balanced amount at the yearend especially when the same stands carried forward and service tax on the same stands discharged at the time of subsequent providing of service tax. L. Advocate also submits that the part of the said demand is on the account of interest and to the exte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perating the ICD CFS services on behalf of the assessee and the land along with infrastructure was provided by the appellant. The appellant was paying service tax under the said agreement in respect of the said agreement under the category of renting of immovable property w.e.f. 01.06.2007. Revenue, by entertaining the view that prior to 01.06.2007 the said service tax would fall under the category of franchisee services raised the demand by way of issuance of Show cause notices dated 21.10.2009 by invoking the longer period of limitation. 8. For the purpose of stay, we take note of the appellant s contention in as much as entire facts were before the revenue and the payment of service tax under the category of renting of immovable pro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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