2009 (11) TMI 497 - AT - Service Tax

Appellate Tribunal grants waiver of pre-deposit for service tax & penalties

The Appellate Tribunal CESTAT, Bangalore granted a stay petition for waiver of pre-deposit of service tax, education cess, interest, and penalties under ... Wavier of pre-deposit - Adjudicating Authority while arriving at the service tax liability had granted the abatement of research & development cess paid by the appellant - Commissioner as a revisionary authority had denied the abatement - Held that: - appellant is eligible for the benefit of abatement of research & development cess paid by them - waiver of the pre-deposit of the adjudged dues is allowed and recovery thereof stayed till the disposal of the appeal The Appellate Tribunal CESTAT, Bangalore granted a stay petition for waiver of pre-deposit of service tax, education cess, interest, and penalties under Sections 75 & 76 of the Finance Act, 1994. The issue was regarding abatement of research & development cess paid by the appellant under Notification No. 17/04. The Tribunal found the appellant eligible for abatement and allowed waiver of pre-deposit, staying recovery until appeal disposal.