2011 (2) TMI 834 - AT - Service Tax

Appellate Tribunal directs interest deposit for service tax appeal

The Appellate Tribunal CESTAT, Bangalore, directed the appellant, M/s Tops Security Ltd., to calculate and deposit the interest liability on the service ... Waiver of pre-deposit - Since they are contesting the interest demanded under Section 75 of the Finance Act, we find that all legal points raised by the appellants on interest liability should be gone into detail and that can be done only at the time of final hearing - applications for waiver of pre-deposit of the amounts of penalty imposed on both the applicants are allowed till the disposal of the appeals Issues: Stay petition for waiver of pre-deposit of service tax, interest, and penalties.The judgment by the Appellate Tribunal CESTAT, Bangalore, involved a stay petition for the waiver of pre-deposit of service tax, interest, and penalties. The appellant sought waiver of pre-deposit for service tax, interest under Section 75 of the Finance Act, 1994, penalty under Section 78 of the Act, and penalty imposed on the Director under section 77 of the Act. The demand arose due to the appellant's failure to discharge service tax for the period 2004-05 to 2007-08. The appellant claimed to have paid the service tax liability but contested the interest demanded under Section 75. The Tribunal noted that detailed examination of legal points raised by the appellant on interest liability should be done at the final hearing. However, the appellant was directed to calculate and deposit the interest liability on the service tax amount within eight weeks. Compliance was to be reported before the Assistant Registrar of the Bench by a specified date. The applications for waiver of pre-deposit of penalties were allowed subject to compliance with the interest deposit requirement.The Tribunal, comprising M V Ravindran and P Karthikeyan, heard both sides and reviewed the records. The appellant, M/s Tops Security Ltd., was directed to calculate and deposit the interest liability on the service tax amount within eight weeks and report compliance by a specified date. The Tribunal emphasized that the detailed examination of legal points raised by the appellant on interest liability would be conducted at the final hearing. The waiver of pre-deposit of penalties was allowed pending the disposal of the appeals, subject to compliance with the interest deposit directive. The judgment was pronounced and dictated in court, providing clarity on the obligations and timelines for the appellant to fulfill before the Assistant Registrar of the Bench.