CESTAT Chennai Waives Predeposit for Air Ticket Booking Firm

The Appellate Tribunal CESTAT CHENNAI granted waiver of predeposit of tax for the applicant, engaged in booking air tickets, based on a previous case directing a 30% predeposit. The Tribunal found the amount already deposited by the applicant sufficient for granting waiver and stay, ultimately allowing the stay petition and providing relief by waiving the balance tax, interest, and penalty predeposit until the appeal's disposal.

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Issues: Application for waiver of predeposit of tax, interpretation of Tribunal decisions on predeposit percentages.

In the judgment by the Appellate Tribunal CESTAT CHENNAI, the applicant sought waiver of predeposit of tax amounting to Rs. 24,69,920/- along with interest and penalty for the period from July 2003 to January 2008. The applicant, engaged in booking air tickets, faced a tax demand on commissions received from a company for ticket bookings through a computer reservation system. The applicant had already deposited Rs. 9 lakhs. The appellant's representative cited a Tribunal case involving M/s. Asveen Air Travels Pvt. Ltd., where a 30% predeposit was directed based on a High Court order. On the contrary, the respondent relied on another Tribunal case, Janta Travels Pvt. Ltd. Vs. CCE, Delhi, where a 50% predeposit was ordered.

Upon review of the submissions and records, the Tribunal noted the direction in the M/s. Asveen Air Travels case for a 30% predeposit in line with the High Court's order. Consequently, the Tribunal found the deposit made by the applicant sufficient for granting waiver and stay. Therefore, the balance tax, interest, and penalty predeposit was waived, and recovery stayed until the appeal's disposal. Ultimately, the Tribunal allowed the stay petition, providing relief to the applicant. The judgment was delivered by Shri. P.K. Das.

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