PRICE WATERHOUSE Vs. COMMISSIONER OF SERVICE TAX

JUDGEMENT

(1.) THIS stay petition is filed for the waiver of pre -deposit of the following amounts:

(2.) (i) Service Tax: Rs. 2,85,41,148/ - along with interest.

(3.) THE learned Counsel submits that the demand has arisen on the ground that the Appellants have provided services for which they have not paid the Service Tax and also had availed the benefit of input stage Service Tax credit more than the limits prescribed under Rule 6(3) of the CENVAT Credit Rules, 2004. It is his submission that as regards the demands raised by the adjudicating authority, in respect of the services rendered by the Appellant to foreign companies, he would submit that they had exported the services and were eligible for the benefit of Notification No. 59/98 -S.T. as amended by Notification No. 15/2002 -S.T. and that the remittances, which were made by them to their foreign company, cannot be classified as a recipient of services under the category of Chartered Accountants services. It is his submission that as regards the credit availed, he would submit that the credit was availed on the Service Tax paid by one of the service providers to them as a Chartered Accountant and that these services were never utilized by the sub -contractors for any other purposes for providing exempted services. It is his submission that in any case, they have deposited an amount of Rs. 19.37 lakhs under the presumption that they are liable to pay the Service Tax in respect of the foreign remittances, which can be considered as enough deposit though not liable to be paid by them, for hearing and disposing of the appeal.