TaxTMI 
TaxTMI 
2015 (10) TMI 57
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....y provided appellant remits the assessed service tax and interest payable within 30 days from the date of communication of the quantum of service tax assessed and the interest thereon. The primary adjudication order confirmed service tax demand of Rs. 7,18,922/- apart from interest under Section 75 and penalties under Sections 77 and 78 of the Finance Act, 1994. Penalty under Section 76 of the Act was dropped. 2. The appellant provided services as Direct Sales Agent/Associate (DSA) to M/s. LIC Housing Finance Ltd. (LICHFL). Proceedings were initiated for having provided Business Auxiliary Service (BAS) during 01.04.2006 to 30.01.2011, invoking extended limitation period, under proviso to Section 73 of the Act, on 17.10.2011. In March, 2011....
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....532 (Tri.-Ahmd.)] for the proposition that in case of revenue neutrality, a prima facie, a strong case is made out and waiver of pre-deposit in full should be granted. 5. We notice that in each of the Interim Orders referred to above, there are observations regarding revenue neutrality being a relevant factor inferring on immunity to tax. Neither ld. consultant for the appellant nor ld. Departmental Representative placed before us any jurisprudential or normative basis for the proposition that the concept of revenue neutrality operates to eclipse a legislated liability to tax. The Revenue neutrality pleaded in the present case arises as follows. The appellant provided BAS to LICHFL. It is thus admittedly liable to remit service tax for hav....
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....to remit service tax for having provided BAS is clear and beyond dispute. Such liability is not eclipsed on the premise that had the appellant remitted service tax, LICHFL could have taken credit of the same. The whole schemata of taxation at the level of each taxable event would be rendered otiose and inoperative on application of the concept of revenue neutrality as a clog on the liability to service tax. We do not understand the concept of revenue neutrality as a fetter on Legislative competence to tax transactions at various stages and to inhere the burden of indirect taxes at different levels of occurrence of taxable events. Revenue neutrality may conceptually arise if the liability to tax and the entitlement to credit inheres in the s....