The Supreme Court while staying the Judgment passed by the CESTAT decided to examine issues relating to Service Tax Payable By Parking Facility Operators in Malls.
The CESTAT confirmed levy of Service Tax under the head “service of management, maintenance or repair of immovable properties” on operation of parking facilities provided by entities to Shopping Malls.
The Tribunal’s order was challenged by the appellant, Metropolitan Event Management on the grounds that while providing parking services to visitors is exempt, the Revenue is indirectly trying to tax an exempt service by bringing it under a head which is not applicable at all.
The three-judge bench comprising Justices AM Khanwilkar, BR Gavai and Krishna Murari,after hearing the submissions issued notice to the Revenue authorities and in the meanwhile directed stay of the impugned judgment of the Tribunal.
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