Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *   CBIC issues draft rules for Customs valuation *  Top Headlines: Threshold for Benami deals, green bond investors, and more *  Govt aims 1-hour clearance for goods at all ports *  Exporters Allowed To Use RoDTEP, RoSCTL Scrips To Pay Customs Duty, Transfer Them; Rules Amended *  Millions of labourers to be affected by brick producers’ strike over hike in GST, coal rates *  Inauguration of ‘kendriya GST parisar’ *  Transporter can seek Release of Conveyance alone, not Goods under GST Act: Madras HC *  GST: Quoting of DIN Mandatory for Responding to Notice, Govt Modifies Portal *  Firms can soon file claims for GST credits of ?400 cr *  CBIC issues modalities for filing transitional credit under GST. *  Mumbai: Man creates 36 fake GST firms, arrested for input tax credit fraud of Rs 23 cr *  Report to restructure Commerce Ministry under study; idea is to set up trade promotion body: Goyal *  Firms can soon file claims for GST credits of ?400 cr *  Gambling Alert! Govt May Levy Up To 28% GST; UP, Bengal Back Move *  EPFO backs raising retirement age to ease pressure on pension funds *  India Moving Up Power Scale, Set to Become Third Largest Economy By 2030 *  Airfares Get Expensive: What Changes for Flyers From Today? *  IRCTC Latest News: Passengers to Pay More For Cancelling Confirmed Rail Tickets Soon. *  IBC prevails over Customs Act, says Supreme Court. *  As GST enters sixth year, a time for evaluation and reassessment *  There’s GST on daily essentials as Centre needs money to buy MLAs: Arvind Kejriwal *  Now, GST on cancellation of confirmed train tickets, hotel bookings *  GST kitty for top States could rise 20% in FY23, says Crisil *  French customs officials seize another cargo vessel over Russia sanctions *  TradeLens builds on Asia momentum with Pakistan Customs deal *  Hike tax on tobacco, reduce affordability & increase revenue: Civil society organizations to GST council *  Bihar: ?10 crore tax evasion on tobacco products detected in raids *  Centre failed on GST, COVID; would it be anti-national? Rajan on Infosys row *  Service Tax not Chargeable on Income Tax TDS portion paid by recipient: CESTAT grants relief to TVS *  Foreign portfolio investors make net investment of Rs 7575cr in Sep so far
Subject News *  Run-up to Budget: Monetary threshold for GST offences may rise to Rs 25 cr *   GST (Tax) E-invoice Must For Businesses With Over Rs 5 Crore Annual Turnover *   Both Central GST and excise duty can be imposed on tobacco, rules Karnataka high court *   CBIC Issues Clarification On Extended Timelines For GST Compliance *   CBIC Issues Clarification On Extended Timelines For GST Compliance *  Budget 2023- 9.6 crore gas connections *  GST: Tamil Nadu Issues Instructions for Assessment and Adjudication Proceedings *  GST: CBIC Extends Last Date for filing of ITC *  GST collection in September surpasses Rs 1.4 lakh crore for straight seventh time *  Dollar smuggling case: Customs chargesheet names M Sivasankar as key conspirator. *  Hike in GST rates fuels inflation *  Assam: CBI arrests GST commissioner in Guwahati *  GST fraud worth ?824cr by 15 insurance Cos detected *  India proposes 15% customs duties on 22 items imported from UK *  Decriminalising certain offences under GST on cards *  Surge in GST collections more due to higher inflation: India Ratings *  MNRE Notifies BCD and Hike in GST Rates as ‘Change in Law’ Events But With a Condition | Mercom India *   Solar projects awarded before customs duty change allowed cost pass-through *  Rajasthan High Court Dismisses Writ Petitions Challenging Levy Of GST On Royalty *   GST revenue in September likely at Rs 1.45 lakh crore *  Govt working on decriminalising certain offences under GST, lower compounding charge *  Building an institution like GST Council takes time, trashing is easy: Sitharaman *  GST collections in Sept may touch ?1.5 lakh crore *  KTR asks Centre to withdraw GST on handlooms *  After Gameskraft, More Online Gaming Startups To Receive GST Tax Claims *  Madras HC: AAR Application Filed Under VAT Does Not Survive After GST Enactment *  Threshold for criminal offences under GST law may be raised *  Bengaluru: Gaming company faces biggest GST notice of Rs 21,000 crore *  CBIC clarifies Classification of Cranes for GST, Customs Duty *  Customs seize gold hidden in bicycle in Kerala airport  

Comments

Print   |    |  Comment

PJ/CASE LAW/2016-17/3201

Quantum of amount to be pre deposited as a pre-condition of hearing the appeal

Case-RAJ FURNITURES Versus COMMISSIONER OF SERVICE TAX, DELHI
 
Citation-2016 (43) S.T.R. 85 (Del.)

Brief Facts-This appeal is directed against an order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), dated 26-8-2014 in Service Tax Stay Applications 5179/2012 & ST/S/58880 of 2013, Service Tax Appeal No. 4075 of 2012 and 58235/2013. It is urged that the direction to deposit Rs. 60 lakhs with proportionate interest as a pre-condition for hearing the appeal gravely prejudices the appellant.

Appelants Contention-The appellant is a service provider in construction contracts. It is contended that in respect of the contracts in question for the period April, 2007 to March, 2009, only 20% of the value of the construction contracts denoted the service components. The appellant’s contention was that the amounts deposited by it were in excess of this proportion and rather amounted to almost 33% of the total value of the contract and consequently it could not be assessed to service tax. The appellant relied upon the decision in G.D. Builders v. Union of India & Anr., 2013 (32)S.T.R.673 (Del.) while dealing with the Notification No. 1/2006-S.T., dated 1-3-2006.
 
Respondents Contention-The respondent, on the other hand, had contended that the claim had not been made in terms of the mandate under Notification No. 12/2003-ST and consequently there was justification in its action to recover the amounts.
 
Reasoning Of Judgement-The assessee’s appeal against the order of the adjudicating officer pursuant to the show cause notice resulted in the impugned order directing deposit of Rs. 60 lakhs. Having considered the entire circumstances, this Court is of the opinion that prima facie the appellant’s submission that 20% of the gross receipts of the work orders relates to service components, is the subject matter of the merits of the appeal. In these circumstances, the direction to deposit Rs. 60 lakhs, based on the adjudication order that abatement of 67% of the amount under the Notification No. 1/2006-S.T. was not available, itself requires to be gone into. In these circumstances, the direction to pay Rs. 60 lakhs with proportionate interest is hereby modified; instead, the appellant shall deposit Rs. 20 lakhs as a pre-condition for hearing of its appeal. The said amounts shall be paid within six weeks from today. The question of law is answered in the above terms. The appeal is accordingly partly allowed.
 
Decision-Appeal allowed

Comment-The gist of the case is that in the given case tribunal directed the pre-deposit of 60 lakhs as a pre condition of hearing the appeal in respect of construction services. But as the service component in entire contract is about 20% of gross receipts and issue of eligibility of abatement under Notification No. 1/2006-S.T. is contestable, the amount of pre-deposit has been reduced to 20 lakhs and the same is to be paid within six weeks according to Section 83 of Finance Act, 1994. Hence the appeal is partly allowed.
 
Prepared By-Neelam Jain

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com