2010 (2) TMI 365 - AT - Service Tax

CESTAT denies full waiver in service tax case. Key issue: taxable value for financial services.

The Appellate Tribunal CESTAT, Bangalore, denied a complete waiver of pre-deposit for service tax, interest, and penalties totaling Rs. 51,47,421 in a ... Banking and other Financial Services’ and ‘Business Auxiliary Services- whether the amounts collected by the applicant from the recipient of loans towards postage, telephone charges, etc. are to be taken into account for arriving at the taxable value in respect of ‘Banking and other Financial Services. Held that- till the final disposal of the case direct to deposit the part amount. Issues:1. Stay petition for waiver of pre-deposit of service tax, interest, and penalties.2. Consideration of taxable value in 'Banking and other Financial Services' and 'Business Auxiliary Services'.Analysis:The judgment by the Appellate Tribunal CESTAT, Bangalore, involved a stay petition filed for the waiver of pre-deposit of service tax, interest, and penalties amounting to Rs. 51,47,421, penalty under Section 77 of the Finance Act, 1994, and penalty under Section 78 of the Act. The issue at hand revolved around the confirmation of service tax and penalties due to the alleged non-discharge of service tax liability on 'Banking and other Financial Services' and 'Business Auxiliary Services'. The key question was whether the amounts collected by the applicant from loan recipients for postage, telephone charges, etc., should be factored into the taxable value for these services.The counsel for the appellant argued that the collection of postage and telephone charges from defaulting customers did not pertain to any taxable services and were not incurred by the service provider during the provision of taxable services. After hearing both parties and examining the records, the Tribunal acknowledged the contentious nature of the issue. The Tribunal noted that a detailed examination of the evidence on record and Rule 5(1) of the Service Tax (Determination of Value) Rules, 2006 was necessary for a conclusive determination. However, at that stage, the Tribunal found that the appellant had not established a prima facie case for a complete waiver of pre-deposit as directed by the adjudicating authority.Consequently, the Tribunal directed the appellant to pre-deposit Rs. 18,00,000 within eight weeks and report compliance by a specified date. Upon compliance, the application for waiver of pre-deposit of the remaining amount of service tax, penalty, and interest was granted, and recovery thereof stayed pending the appeal's disposal. The judgment was pronounced and dictated in open court by the members of the Tribunal.