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of <h1>High Court modifies Tribunal's order, directs reduced deposit, grants waiver. Appeal favors appellant.</h1> <h3>BENTLEY SYSTEMS INDIA PVT. LTD. Versus COMMISSIONER OF C. EX. & S.T., DELHI</h3> BENTLEY SYSTEMS INDIA PVT. LTD. Versus COMMISSIONER OF C. EX. & S.T., DELHI - 2015 (37) S.T.R. 463 (Del.) Issues Involved:1. Whether the Customs Excise and Service Tax Appellate Tribunal was correct in directing the appellant to deposit a specific amount as a precondition for hearing the appeal on merits.Analysis:Issue 1: Tribunal's Direction to Deposit AmountThe appellant, registered with the Service Tax Commissionerate, was providing various services including online information, database access, software services, and consultancy services. The dispute centered around whether service tax was applicable on training provided to employees of companies that purchased software from the appellant during 2004-2008. The revenue contended that the training fell under 'commercial training or coaching' as defined in the Finance Act, 1994. The Tribunal held that the appellant lacked a prima facie case and that the training activities were covered under 'Commercial Training and Coaching Centre Services,' denying the waiver of pre-deposit. However, the appellant cited precedents to support their position, emphasizing that the training provided was not akin to commercial training or coaching services. The Tribunal's order required the appellant to deposit a substantial amount, including penalty and interest. The High Court, considering the nature of the dispute and penalty amount, modified the order, directing the appellant to deposit a reduced sum within a specified period and granting a complete waiver of interest and penalty. The Court acknowledged the merits of the appellant's arguments, noting that the appellant primarily sold software and provided training as a part of the software sale, not as a commercial training center.Conclusion:The High Court addressed the substantial question of law regarding the Tribunal's directive on the deposit amount, ultimately modifying the order in favor of the appellant. The appeal was disposed of with no costs awarded, highlighting the nuanced interpretation of service tax laws and the specific circumstances of the case.
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