SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

CUSTOM EXCISE & SERVICE TAX APPELLATE TRIBUNAL, MADRAS
P.G. CHACKO, P. KARTHIKEYAN, JJ.
Arafaath Travels (P.) Ltd. -Appellant
Versus
Commissioner of Service Tax -Respondent
STAY ORDER NO. 716 OF 2008 APPLICATION NO. S/PD/105 OF 2008 IN APPEAL NO. S/122 OF 2008
Decided On : 07-08-2008

Advocates Appeared:
Smt. Dhana Madhri,M.K.A.K. Mohiddin

ORDER

P.G. Chacko, Judicial Member. - After examining the records and hearing both sides, we come across a demand of service tax of Rs. 31,81,526 along with education cess of Rs. 63,630 for the period July, 2006 to March, 2007 and also demand of interest thereon, besides imposition of penalties. The impugned demand of service tax is on what is called ‘overriding commission’ received by the appellants from airlines registered abroad, which was received in Indian currency. A similar case had arisen before this Bench and we held against the appellants therein vide ETA Travel Agency (P.) Ltd. v. CCE [2007] 9 STT 370 (Chennai - CESTAT). In view of that decision, the present appellants cannot claim prima facie case on merits. They do not have any case on limitation either, the impugned demand of tax being within the normal period of limitation prescribed under section 73 of the Finance Act, 1994. The learned counsel has raised a feeble plea on the strength of the Export of Services Rules, against the impugned demand. The learned JDR has contested this plea. After consulting the cited provisions, we have not found any valid point in the submissions made by the counsel. Nevertheless, we are considering her plea for a lenient view. Accordingly, there will be a direction to the appellants to pre-deposit an amount of Rs. 10,00,000 (Rupees ten lakhs only) within a period of four weeks and report compliance on 15-9-2008.

Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top