Metal Development Company Vs. Commissioner of Cen. Excise

Metal Development Company vs Commissioner of Cen. Excise

Type Court Judgment Court Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai Decided Feb 21, 2006

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Citation: sooperkanoon.com/41893
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Judge: J Balasundaram, Vice, A T K.K.
Decided On: Feb 21, 2006
Subject: Land Acquisition

Case Summary

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

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Metal Development Company

Respondent

Commissioner of Cen. Excise

Legal References

Reported In: (2006)(113)ECC79

Excerpt

1. the applicants herein do not dispute liability to pay service tax as they have rendered services of market research agency to m/s. kalyani carpenter special steels ltd. however, they submit that the amount received by them from m/s. kalyani carpenter special steels ltd. was only rs. 4,50,000/- and service tax being payable at the rate of 5%, they would be liable to pay tax of rs. 22,500/- and not rs. 45,000/- as confirmed against them. they also pray for waiver of penalties of rs. 500/- under section 75, penalty of rs. 45,000/- under section 76 and penalty of rs. 1000/- under section 77 and rs. 45,000/- under section 78 of the finance act, 1994.2. on hearing both sides, we find that prima facie there is force in the contention of the applicants regarding liability to the service tax being to the extent of rs. 22,500/- as seen from page 23 of the paper book where the receipt by them was rs. 4,50,000/-. we, therefore, direct pre-deposit of rs. 22,500/-(rupees twenty two thousand five hundred only) within a period of four weeks from today and on such pre-deposit the balance tax and penalties shall stand waived and recovery thereof stayed, pending the appeal. failure to comply with this direction shall result in vacation of stay and dismissal of appeal without prior notice.

Full Judgment

1. The applicants herein do not dispute liability to pay Service Tax as they have rendered services of Market Research Agency to M/s. Kalyani Carpenter Special Steels Ltd. However, they submit that the amount received by them from M/s. Kalyani Carpenter Special Steels Ltd. was only Rs. 4,50,000/- and Service Tax being payable at the rate of 5%, they would be liable to pay tax of Rs. 22,500/- and not Rs. 45,000/- as confirmed against them. They also pray for waiver of penalties of Rs. 500/- under Section 75, penalty of Rs. 45,000/- under Section 76 and penalty of Rs. 1000/- under Section 77 and Rs. 45,000/- under Section 78 of the Finance Act, 1994.

2. On hearing both sides, we find that prima facie there is force in the contention of the applicants regarding liability to the Service Tax being to the extent of Rs. 22,500/- as seen from page 23 of the Paper Book where the receipt by them was Rs. 4,50,000/-. We, therefore, direct pre-deposit of Rs. 22,500/-(Rupees Twenty two Thousand Five Hundred only) within a period of four weeks from today and on such pre-deposit the balance tax and penalties shall stand waived and recovery thereof stayed, pending the appeal. Failure to comply with this direction shall result in vacation of stay and dismissal of appeal without prior notice.

Same Court & Year Customs Excise and Service Tax Appellate Tribunal CESTAT Mumb... Same Parties Metal Development Company vs Commissioner of Cen. Excise Same Subject Land Acquisition Same Judge J Balasundaram, Vice, A T K.K.