2009 (2) TMI 730 - AT - Service Tax

Tribunal Waives Pre-Deposit, Acknowledges Appellant's Strong Case

SYNDICATE BANK Versus COMMISSIONER OF CENTRAL EXCISE, MANGALORE

The Tribunal granted a complete waiver of the remaining pre-deposit balance for the appellant due to the strong merits of their case and the pre-deposit ... - Issues:1. Requirement of pre-deposit by the appellant based on the impugned order.2. Discrepancies in the valuation of taxable services in Banking & Other Financial Services.3. Exclusion of receipts related to Cash Management Service from Banking & Other Financial Services.4. Liability for service tax on Management Consultancy Services.5. Complete waiver of pre-deposit balance till appeal disposal.Analysis:Issue 1:The judgment deals with the requirement of the appellant to pre-deposit specific amounts as per the impugned order. The appellant had already voluntarily paid a significant sum before the issuance of the show cause notice. The net demand, particularly in the context of Banking & Other Financial Services, was contested by the appellant's Chartered Accountant. Various discrepancies were highlighted, such as the inclusion of items not related to services rendered, like old debit entries, credit for Air Tickets, and sale of DDs. Moreover, the inclusion of debit card income, which was not taxable during the relevant period, was also challenged.Issue 2:Regarding the discrepancies in the valuation of taxable services in Banking & Other Financial Services, the appellant's consultant argued that certain receipts, such as those related to Cash Management Service, were erroneously included in the scope of Business Auxiliary Services. The consultant pointed out that receipts from Cash Management Service were previously excluded from Banking & Other Financial Services until a specific date. This inclusion of excluded items was contested as incorrect by the appellant.Issue 3:The liability for service tax on Management Consultancy Services was also disputed. The appellant's Chartered Accountant explained that certain services provided abroad, involving Foreign Exchange Companies, were not liable for service tax before a specific date. These services were considered as exports under the Finance Act, 1994, and hence exempt from service tax. The argument was made that no liability existed on the part of the appellant concerning these services.Issue 4:After careful consideration, the Tribunal found that the appellants presented a strong case on merits. Given the prima facie strength of their case and the pre-deposit already made, the Tribunal ordered a complete waiver of the remaining balance pre-deposit until the appeal's final disposal. Specifically, in the case of a commission related to settlement claims of gulf war victims, which had already been paid, the Tribunal noted that the dispute committee did not clear the appeal filing. The matter was scheduled for a future hearing.This detailed analysis covers the various issues addressed in the judgment, including pre-deposit requirements, discrepancies in service valuation, liability for service tax, and the Tribunal's decision on the waiver of the pre-deposit balance.