Mtv Networks India Pvt. Ltd. Vs. Commissioner of C. Ex. - Court Judgment

SooperKanoon Citationsooperkanoon.com/40619
CourtCustoms Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided OnOct-25-2005
JudgeJ Balasundaram, Vice-, A M Moheb
AppellantMtv Networks India Pvt. Ltd.
RespondentCommissioner of C. Ex.
Excerpt:
1. the application for waiver of pre-deposit of service tax of rs. 61,30,175/- and penalties of rs. 500/-under section 75a, rs. 200/- per day under section 76, rs. 6000/- under section 77 and rs. 1,22,60,000/- under section 78 of the finance act, 1994, is allowed, in view of the earlier orders waiving pre-deposit when service tax was levied and penalty imposed on applicants in similar situation treating them as broadcasting agencies, prior to 16-7-01 when service tax became specifically leviable on broadcasting services. pre-deposit waived and recovery stayed pending the appeal.
Judgment:
1. The application for waiver of pre-deposit of service tax of Rs. 61,30,175/- and penalties of Rs. 500/-under Section 75A, Rs. 200/- per day under Section 76, Rs. 6000/- under Section 77 and Rs. 1,22,60,000/- under Section 78 of the Finance Act, 1994, is allowed, in view of the earlier orders waiving pre-deposit when service tax was levied and penalty imposed on applicants in similar situation treating them as broadcasting agencies, prior to 16-7-01 when service tax became specifically leviable on broadcasting services. Pre-deposit waived and recovery stayed pending the appeal.