2005 (11) TMI 479 - AT - Service Tax

Summary

Issues:
1. Whether the appellant is entitled to waiver of pre-deposit of service tax and penalties for the activity of "Banking and other financial services"?
2. Whether the charges collected as processing fees for working capital limits fall within the definition of "Banking and other financial services"?

Analysis:
1. The appellant sought waiver of pre-deposit of service tax and penalties amounting to Rs. 11,000 for the activity of "Banking and other financial services." The appellant argued that the charges collected as processing fees for working capital limits did not fall within the definition of "Banking and other financial services." It was contended that the charge was not mentioned in Rule 8 enumeration and the Board also clarified that the provision of the Act did not include this item within the definition. The appellant claimed that the Commissioner's order was not a speaking order and was bad in law. The Tribunal, after considering the submissions, found that the appellant had made a strong case in their favor. As the charges for processing fees were not specifically mentioned in Rule 8 enumeration, the Tribunal allowed the stay application unconditionally. The waiver of pre-deposit of service tax and penalty amounts was granted, and the recovery was stayed until the appeal's disposal.

2. The learned DR defended the order by arguing that the definition of "Banking and other financial services" was not exhaustive, and the charges collected as processing fees for working capital limits fell within this definition. However, after careful consideration of both sides' submissions, the Tribunal found that prima facie, the charges for processing fees did not fall within the Rule 8 enumeration. Therefore, the Tribunal allowed the stay application, granting the waiver of pre-deposit of service tax and penalties, and stayed the recovery until the appeal's final disposal. The appeal was scheduled to come up for hearing in its turn.

In conclusion, the Tribunal granted the appellant's request for waiver of pre-deposit of service tax and penalties for the activity of "Banking and other financial services." The charges collected as processing fees for working capital limits were found not to fall within the definition of "Banking and other financial services" as per Rule 8 enumeration. The Tribunal allowed the stay application and stayed the recovery of the amounts until the appeal was finally disposed of.