2013 (12) TMI 1018

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.... : S S Kang Heard both sides. 2. The applicants filed this application for waiver of pre-deposit of interest of Rs.23,88,485/-. 3. The applicants have already paid the service tax of Rs.50,27,000/-. The applicants are builders and undertaken the activity of building of residential flats. During 2006-08 the applicants collected certain amounts from the flat owners as security on the ground....

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....he category of construction of residential flats. The contention is that in view of the Board's Circular the applicants are not liable to pay service tax and the applicants are challenging the demand as the amount of service tax has been paid under protest. The applicants are also relied upon this Tribunal's decision in the case of Neel Sidhi Enterprises v. Commissioner of Service Tax, Mumbai-II (....

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....in case there is any tax liability the same is to be paid from the security received from the flat owners. Service tax on the amount received by the applicant was paid in the year 2011. In these circumstances, we find that the applicants retained the amount in question received as deposit during 2006-08 till 2011 and earned interest on such amount. The decision relied upon by the applicant in the ....