2012 (8) TMI 999 - AT - Service Tax

Summary

Issues involved: Stay petition for waiver of pre-deposit of Service Tax, Penalty, and Interest amounts confirmed by adjudicating authority.

Service Tax Liability Issue:
The appellant was charged with service tax liability for providing business auxiliary services and stock broker services without discharging the tax on amounts received from the sale of forms for public issues and terminal charges from investors. The show cause notice was for banking and financial services, but the adjudicating authority confirmed the demand under business auxiliary services without issuing a corrigendum. The appellant cited a precedent where unconditional stay was granted for a similar issue.

Legal Arguments:
The appellant's counsel argued that the adjudicating authority deviated from the show cause notice by confirming the demand under a different service category. They also highlighted the non-inclusion of terminal charges in taxable value, referencing a favorable decision from a coordinate bench. The Departmental Representative reiterated the authority's findings.

Judgment:
After considering submissions and records, the Tribunal found merit in the appellant's contentions. The show cause notice intended for banking and financial services was misapplied to business auxiliary services without proper notice. Additionally, the issue of terminal charges was resolved in the appellant's favor based on precedent. Consequently, the Tribunal allowed the waiver of pre-deposit for the disputed amounts and stayed recovery pending appeal disposal.