2010 (7) TMI 537 - AT - Service Tax

Waiver of pre-deposit - Commercial Training or Coaching services - The appellants undertook coaching of students to take examinations of different universities - It is submitted that the definition of the taxable service as clarified by the CBEC in Circular No. 59/8/2003-ST, dated 20-6-2003 excluded such institutions from the scope of the commercial training and coaching services - the appellants have already deposited an amount of Rs. 5 lakhs, consider this deposit sufficient to hear and dispose the subject appeal - Thus, there shall be waiver of pre-deposit of balance dues and stay of recovery - Decided in favour of assessee.

Summary

The Appellate Tribunal CESTAT, Bangalore granted waiver of pre-deposit and stay of recovery of Rs. 41,11,449 demanded from the appellants for services falling under 'Commercial Training or Coaching'. The appellants had already deposited Rs. 5 lakhs, considered sufficient for the appeal. The waiver of pre-deposit of balance dues and stay of recovery was ordered pending the appeal decision. Penalties were imposed on the appellants under sections 77 and 78 of the Finance Act.