2013 (10) TMI 531 - AT - Service Tax

Waiver of Pre-Deposit and Stay in Service Tax Appeal

The Tribunal granted a waiver of pre-deposit and stayed further proceedings in a case where the appellant contested liability for service tax on 'Sale of ... Demand - Sale of Space or time for Advertisement Service - Held that:- in the absence of any indication as to the quantum of service tax relatable to properties belonging to the Agra Municipal Corporation, we consider it appropriate to grant waiver of pre-deposit and stay of all further proceedings pursuant to the adjudication order dated 31.12.2012, on condition that the petitioner remits approximately 20% of the tax component - stay granted partly. Issues involved:1. Whether the appellant is liable to pay service tax for the 'Sale of Space or time for Advertisement' service.2. Whether the extended period of limitation was justified in this case.3. Whether the service tax is applicable to advertisements on spaces not owned by the Municipal Corporation.4. Determination of the proportion of liability related to private properties versus those belonging to the Municipal Corporation.Detailed Analysis:1. The appellant appealed against an order imposing service tax for providing the 'Sale of Space or time for Advertisement' service. The appellant argued for immunity from tax, citing various grounds, including being an authority under the U.P. Municipal Corporations Act, 1959, and that a significant portion of the advertisement spaces were private properties not falling under the taxable service definition. The appellant also contended that there was no intentional evasion of tax and that the issue would be revenue neutral due to the availability of input credit. The Tribunal did not delve into the limitation issue at the current stage.2. The Tribunal referenced a judgment by the Gujarat High Court, stating that if fees are collected for advertisements on properties not owned by the Municipal Corporation, the levy of service tax may be impermissible. Therefore, the service tax liability for advertisements on non-corporation properties might not be valid.3. The adjudication order and show cause notice did not specify the proportion of liability related to private properties versus those owned by the Agra Municipal Corporation. However, it was argued that a majority of the liability pertained to private properties under the jurisdiction of the Agra Municipal Corporation for levying advertisement fees. In light of this ambiguity and absence of clarity on the tax quantum related to corporation-owned properties, the Tribunal granted a waiver of pre-deposit and stayed further proceedings. The appellant was directed to remit a specific amount within a set timeframe to avoid rejection of the appeal for non-compliance.4. The Tribunal's decision to grant a waiver of pre-deposit and stay further proceedings was based on the lack of clarity regarding the proportion of liability related to private properties versus those owned by the Agra Municipal Corporation. The appellant's counsel acknowledged the order and agreed to inform the appellant about the obligations outlined in the order.