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Issues involved: Application for waiver of pre-deposit of service tax and penalties u/s 76, 77, and 78 of the Finance Act, 1994.
The judgment addresses the dispute between the applicant and the Department regarding the levy of service tax on services provided to the Jharkhand State Electricity Board. The applicant argued that they are not providing services "on behalf" of the client, but "to the client," hence the definition of 'Business Auxiliary Service' u/s 65(19) of the Finance Act, 1994, is not satisfied. On the other hand, the Department contended that the services are provided on behalf of the client, satisfying the definition of 'Business Auxiliary Service.' The Tribunal found that the services provided, including meter reading and bill preparation, fall under the category of 'Business Auxiliary Service' u/s 65(19)(vi)(vii) of the Finance Act, 1994. The Tribunal noted the involvement of three parties - the applicant, Jharkhand State Electricity Board, and the Board's customers, concluding that the services are rendered on behalf of the client to the client's consumers. The Tribunal directed the applicant to deposit 50% of the service tax within twelve weeks and report compliance, failing which the appeal would be dismissed. In conclusion, the judgment ruled in favor of the Department, requiring the applicant to make a partial deposit of the service tax amount within a specified timeframe. The Tribunal emphasized the lack of a prima facie case for total waiver of pre-deposit and highlighted the absence of financial hardship pleaded by the applicant. Failure to comply with the deposit directive would lead to the dismissal of the appeal without further notice.
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