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of <h1>Tribunal orders additional deposit, grants waiver upon compliance. Recovery stayed pending appeal disposal.</h1> <h3>M/s. Naresh Organizers Pvt. Ltd. Versus CCE. & ST. - Rajkot</h3> M/s. Naresh Organizers Pvt. Ltd. Versus CCE. & ST. - Rajkot - TMI Issues: Stay petition for waiver of pre-deposit of service tax liability, interest, and penalties under renting of immovable property services.Analysis:1. The appellant filed a stay petition seeking waiver of pre-deposit of Rs.69,16,233/- confirmed as service tax liability, interest, and penalties under renting of immovable property services from June 2007 to March 2012. The appellant argued that the agreement was not for renting immovable properties but for business consideration, disputing the liability to pay service tax on renting of immovable properties. The appellant had already deposited Rs.14,82,278/- during the proceedings.2. The Additional Commissioner argued that the appellant cannot deny renting out premises as the agreement specified charging per square feet, indicating awareness of renting immovable properties. The issue of bonafide belief was raised, and it was contended that the appellant cannot claim such belief.3. The Tribunal considered the submissions and records. It noted that while the agreements were for business conducting and amenities, they could prima facie fall under renting of immovable property services. The issue of bonafide belief required further examination, especially in light of the retrospective amendment by the Finance Act, 2010, indicating awareness of service tax liability. The Tribunal found that the appellant had not made a case for complete waiver of the balance amounts, considering the arguable nature of the issue.4. Consequently, the Tribunal ordered the appellant to deposit an additional amount of Rs.10,00,000/- within eight weeks and report compliance. Upon compliance, the application for waiver of pre-deposit of balance amounts was allowed, and recovery stayed until the appeal's disposal. The final orders were to be passed after verifying compliance on the specified dates.This detailed analysis of the judgment highlights the arguments presented by both parties, the Tribunal's evaluation of the issues raised, and the conditions imposed for the waiver of pre-deposit and stay of recovery pending appeal disposal.
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