Customs, Excise and Gold Tribunal - Tamil Nadu
Vijay Shanthi Builders Ltd. vs Commr. Of Service Tax on 12 May, 2008
Equivalent citations: 2008[11]S.T.R.520
ORDER P. Karthikeyan, Member (T)
1. In the impugned order, the Commissioner demanded service tax of Rs. 1,32,26,431/- from the appellants for the construction services rendered by them during the period 16-6-2005 to 31-7-2007. The Commissioner also demanded the interest due on the service tax found liable to be paid by the appellants. He has also imposed penalties under different sections of the Finance Act on the appellants including an amount of Rs. 1,50,00,000/- under Section 78 of the Finance Act. In the impugned order, the Commissioner has recorded that the appellant has paid an amount of Rs. 77,94,751/- being service tax due from the appellant for the period August, 2006 to May, 2007, interest for the delay in payment of service tax, already collected and not paid to the department and interest due on the said amount. After hearing both sides, we find that the payments already made by the applicant are adequate for the purpose of Section 35F(2) of the Central Excise Act, 1944 as made applicable to Finance Act, 1994. Accordingly, we grant waiver of pre-deposit and stay of recovery of the remaining dues as per the impugned order.
(Dictated and pronounced in open Court)