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of <h1>CESTAT upholds service tax on SIM cards in phone activation charges, directs predeposit.</h1> The Appellate Tribunal CESTAT, Chennai confirmed the service tax demand on the inclusion of SIM cards in cell phone activation charges, following the ... Waiver of pre-deposit - inclusion of value of SIM cards in the activation charges of connectivity of Cell phone - Held that:- No prima facie case for total waiver has been made out in the light of the decision of the Hon'ble High Court of Kerala in the case of CCE, Cochin Vs. Idea Mobile Communications Ltd.[2008 (9) TMI 292 - KERALA HIGH COURT] holding that the value of SIM cards supplied by mobile telephone service provider forms part of taxable service on which service tax is payable - Therefore, direct predeposit of Rs.14,00,000/- towards service tax demand within eight weeks from today and on such deposit, the requirement of predeposit of the balance amount of duty, interest and penalty stands waived and recovery thereof stayed pending the appeal. Issues:Demand of service tax on inclusion of SIM cards in cell phone activation charges, applicability of High Court decisions on taxation of SIM cards, imposition of penalty, requirement of predeposit for appeal.Analysis:The judgment by the Appellate Tribunal CESTAT, Chennai dealt with the confirmation of service tax demand amounting to Rs. 28,21,747/- due to the inclusion of SIM cards in the activation charges for cell phone connectivity. Additionally, a penalty was imposed on the assessees. The Tribunal considered the arguments presented by both sides and referred to relevant legal precedents, specifically highlighting the decision of the Hon'ble High Court of Kerala in the case of CCE, Cochin Vs. Idea Mobile Communications Ltd. The High Court's ruling established that the value of SIM cards provided by mobile service providers constitutes taxable service subject to service tax. The Tribunal also mentioned another decision by the High Court of Kerala in the case of BPL Mobile Cellular Ltd. Vs. State of Kerala, which further supported the taxation of SIM cards. In light of these legal precedents, the Tribunal directed the assessees to make a predeposit of Rs.14,00,000/- towards the service tax demand within eight weeks. Upon compliance with this directive, the requirement for predeposit of the remaining amount of duty, interest, and penalty would be waived, and the recovery thereof stayed pending the appeal process. The Tribunal warned that failure to adhere to this direction would result in the vacation of the stay and dismissal of the appeal without prior notice. The parties were instructed to report compliance by a specified date.In conclusion, the judgment addressed the issue of service tax liability concerning the inclusion of SIM cards in cell phone activation charges. It relied on relevant High Court decisions to establish the taxable nature of such services. The Tribunal's decision to require a predeposit for a partial waiver of the tax demand and stay on recovery pending appeal aimed to ensure compliance with the tax laws and legal procedures.
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