2010 (9) TMI 640

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....llant. Shri V.V. Hariharan, JCDR, for the Respondent. [Order per : Jyoti Balasundaram, Vice-President] . - We have heard both sides on the application for waiver of predeposit of service tax of Rs. 7,68,62,202 (Rs. 7,76,47,888/- less Rs. 7,85,686/- representing CENVAT credit appropriated) together with interest, covering the period 16-2-2005 to 31-1-2008, applying the period of limitation, and ....

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....hat the assessees act as pure agents of the owners/occupants of the plaza and are, therefore, not liable to service tax as per Rule 5(2) of the Service Tax (Determination of Value) Rules, 2006 which provides for exclusion of expenses or costs incurred by a service provider as a pure agent of the recipient of service from the value of taxable service subject to fulfillment of certain conditions, is....

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....olding that surplus available in the end of financial year need not be brought to tax in the hands of the applicants, as the surplus does not belong to the applicant's company. However, the above order does not come to the aid of the applicants as the concept in service tax is different namely levy of tax on rendering of services. No argument was advanced on the time-bar aspect. 4. The appli....