Judgements

Behr India Ltd. vs Commissioner Of Central Excise on 8 February, 2007

Customs, Excise and Gold Tribunal – Mumbai
Behr India Ltd. vs Commissioner Of Central Excise on 8 February, 2007
Equivalent citations: 2008 12 STT 57
Bench: J Balasundaram, Vice-, A T K.K.


ORDER

Jyoti Balasundaram, Vice-President

1. At the outset we note that for the period prior to August, 2002 when the service tax demand was confirmed against the foreign company viz. M/s. Behr GmbH & Co. pre-deposit of about 25% of the service tax was directed by Stay Order No. S/67/WZB/2007/C-I, dated 12-1-2007. The period in the present case is post 16-8-2002 when the service tax demand has been confirmed against the Indian company. In the light of the earlier stay order, we direct 25% of the service tax demand in this case also ie. Rs. 2,00,000/- (Rupees Two lakhs only). Such deposit should be made within a period of four weeks from today and on such deposit, the balance tax and penalty shall stand waived and recovery thereof stayed pending the appeal. Failure to comply with this direction shall result in vacation of stay and dismissal of appeal without prior notice.

2. Compliance to be reported on 20-3-2007.