2008 (10) TMI 580 - AT - Service Tax

Summary

Issues involved: Application for waiver of pre-deposit of service tax and penalties u/s 73(1), 78, and 76 of the Finance Act, 1994.

The judgment pertains to applications for waiver of pre-deposit of service tax and penalties u/s 73(1), 78, and 76 of the Finance Act, 1994. The service tax amounts confirmed against the appellants were Rs. 2,20,428/-, Rs. 23,66,671/-, and Rs. 5,04,845/- for different entities. The service provided by the appellants involved verification of information for credit cards, home loans, and auto loans, outsourced by banks, categorized as business auxiliary services attracting service tax liability from 1-7-2003.

The Tribunal considered the appellants' case and referred to a previous order in S.R. Kalyanakrishnan v. Commissioner of Central Excise, Cochin - 2008 (9) S.T.R. 255 (Tri.-Bang.), where similar services were classified as business support services taxable from 1-5-2006 onwards. As the period in question in the present appeal was before 1-5-2006, the Tribunal found a strong prima facie case for total waiver of pre-deposit of service tax and penalties. Consequently, the Tribunal waived the pre-deposit and stayed the recovery of the amounts pending the appeals.