2014 (2) TMI 410 - AT - Service Tax

Appellate Tribunal grants waiver for service tax liability on property rent

M/s. Monali Developers Gokul Bunglow Versus CCE Vadodara

The Appellate Tribunal CESTAT AHMEDABAD granted the appellant's application for waiver of pre-deposit concerning service tax liability on renting of ... Waiver of pre-deposit - Renting of immovable property service - Held that:- Appellant in this case has already deposited an amount of by depositing Rs.72.22 lakhs as against the confirmed demand of Rs.87.67 lakhs, we consider the said amount as enough deposit to hear and dispose the appeal. Accordingly, application for the waiver of pre-deposit of the balance amounts involved is allowed and recovery thereof stayed till the disposal of appeal - Stay granted. Issues: Service tax liability on renting of immovable property service, waiver of pre-depositIn this judgment by the Appellate Tribunal CESTAT AHMEDABAD, the issue at hand pertains to the service tax liability concerning the renting of immovable property service provided by the appellant. The Tribunal notes that the Hon'ble Supreme Court, in the case of Home Solutions, had directed appellants to deposit 50% of the amount in cash and execute a surety bond for the remaining 50% while admitting appeals by assessees. As the issue is pending before the Supreme Court and the appellant has already deposited Rs.72.22 lakhs out of the confirmed demand of Rs.87.67 lakhs, the Tribunal deems the deposited amount sufficient to hear and dispose of the appeal. Consequently, the application for the waiver of pre-deposit of the remaining amounts is granted, and recovery is stayed until the appeal is resolved. The Tribunal instructs the ld. D.R. to verify with the lower authorities that the appellant has indeed paid Rs.72,22,472/- during the pendency of the issue, with a deadline for compliance set for 29.04.13. The judgment is pronounced in court by Mr. M.V. Ravindran.