Skip to content
How to use Judgment tools
  1. Click Tools to open PDF, Print, Tag, Note, Favourite, and CiteSignal.
  2. Use Brief & Ask in the toolbar for the AI Brief and case chat.
  3. Jump to sections with the pills below the help bar.

industrial Army Vs. Commissioner of Central Excise

industrial Army vs Commissioner of Central Excise

Type Court Judgment Court Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi Decided Oct 27, 2005
~2 min read
https://sooperkanoon.com/case/40653

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

  • 18-section brief - facts, issues, ratio, relief
  • Ask this case - answers cite the judgment
  • Semantic search - find precedents by meaning
  • Research drawer - sections, cites, related cases

No card required · credentials emailed · Log in if you already have an account

Citation
Court
Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Judge
Decided On
Subject
Service Tax

Case Summary

AI-generated summary - not the official court judgment text.

Service Tax

Key legal issue
Service Tax

Parties & Advocates

Appellant / Petitioner

industrial Army

Respondent

Commissioner of Central Excise

Excerpt

1. heard both sides. the applicant filed this application for waiver of pre-deposit of service tax of rs. 4,84,861/- for the period 16-10-98 to 31-10-2001. the contention is that the applicants are proving security services to the govt. officers and public-sector organization and they are unable to collect from the clients the service tax. hence, they are unable to deposit the service tax. the applicants are not disputed that they are covered under the scope of security services and liable to service tax under the finance act. as the applicants are providing security service which is not disputed by the appellant, therefore, i find no reason to waive the pre-deposit of the service tax. the applicants had not pleaded any financial hardship. they have pleaded only that govts. is advertising in the newspapers that service tax has to be paid by the consumer who is receiving the services. but i find that the rule also provides that the person who is providing the service is liable to collect the service tax for the service received by their customers and to deposit with authority. in these circumstances, stay petition is dismissed. the applicants are directed to deposit whole amount of the service tax within a period of six weeks. to come up for reporting compliance on 14-12-2005.

Full Judgment

1. Heard both sides. The applicant filed this application for waiver of pre-deposit of Service Tax of Rs. 4,84,861/- for the period 16-10-98 to 31-10-2001. The contention is that the applicants are proving security services to the Govt. officers and Public-sector organization and they are unable to collect from the clients the service tax. Hence, they are unable to deposit the Service Tax. The applicants are not disputed that they are covered under the scope of security services and liable to Service Tax under the Finance Act. As the applicants are providing security service which is not disputed by the appellant, therefore, I find no reason to waive the pre-deposit of the service tax. The applicants had not pleaded any financial hardship. They have pleaded only that Govts. is advertising in the newspapers that service tax has to be paid by the consumer who is receiving the services. But I find that the Rule also provides that the person who is providing the service is liable to collect the service tax for the service received by their customers and to deposit with authority. In these circumstances, stay petition is dismissed. The applicants are directed to deposit whole amount of the service tax within a period of six weeks. To come up for reporting compliance on 14-12-2005.

Continue Your Research


AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial