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CUSTOM EXCISE & SERVICE TAX APPELLATE TRIBUNAL, MADRAS
MS. JYOTI BALASUNDARAM, VICE-PRESIDENT, Dr. Chittaranjan Satapathy
Lloyd Insulations (I) Ltd. -Appellant
Versus
Commissioner of Central Excise, Chennai -Respondent
STAY ORDER NO. 612/2010 APPLICATION NO. ST/S/222/2010 APPEAL NO. ST/372/2010
Decided On : 06-12-2010
R. Parthasarathy,Ms. Indira Sisupal
Ms. Jyoti Balasundaram, Vice-President. — Heard both sides on the application for waiver of pre-deposit of service tax of Rs. 4,02,944 together with interest and equal amount of penalty - the demands stand confirmed by holding that, in terms of Notification No. 12/2003-S.T., dated 20-6-2003, it is only the value of taxable service which is equal to the value of goods and materials sold by the service provider to the recipient of service, which can be excluded while the assessee has deducted higher amount by including fabrication charges and transport charges. No prima facie case for total waiver has been made out in the light of the language of the notification which lends itself prima facie to the view that only the value of goods and materials sold can be excluded. In the totality of the facts and circumstances of the case, we direct pre-deposit of Rs. 2,00,000 (Rupees two lakhs only) within a period of four weeks from today and on such deposit, pre-deposit of the balance tax, interest and penalty shall stand waived and recovery thereof stayed pending the appeal. Failure to comply with the direction shall result in vacation of stay and dismissal of the appeal without prior notice.
2. Compliances to be reported on 31-1-2011.
