Tribunals and CommissionsDivision Bench(2015) 01 CESTAT CK 0002

Thai Airways International Public Company Limited vs C.C.E. And S.Tax, Delhi

Customs, Excise And Service Tax Appellate Tribunal · Decided on 6 January 2015

HON’BLE JUDGES
Ashok Jindal, J · R. K. Singh, Technical Member
RESULT
Allowed
CASE NUMBER
Miscellaneous Application Nos.55540, 55541, 55542 Of 2014, Stay Application Nos.50985, 50986, 50989 Of 2014 In Service Tax Appeal Nos. 50836, 50837, 50842 Of 2014

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Judgment

10 paragraphs · 182 words
1.

The appellants are in appeal against the impugned orders along with applications for stay and applications for early hearing of appeals as well as

stay applications.

2.

The service tax has been demanded from the appellants on account of receiving “Online Database Access or Retrieval Service†from foreign

based CRS service provider under reverse charge mechanism.

3.

After hearing both sides, we find that on the similar issue in appellant’s own case for the earlier period, this Tribunal vide Final Order

No.53164-53168/2014 dated 8.8.14 had held that the appellants are not required to pay service tax at all. Therefore, the appellants have made out a

case for complete waiver of pre-deposit as well as in the case for allowing the appeals. In these circumstances, we set aside the impugned orders and

allow the appeals with consequential relief, if any. The stay applications are disposed of in the above terms.

4.

As the stay applications and appeals have been disposed of, therefore, the miscellaneous applications for early hearing the stay applications have

become infructuous. Therefore, the same are disposed of as infructuous.