2010 (9) TMI 339

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..... y of business auxiliary service – pre-deposit waived - ST/36/2010 - S/1044/2010-WZB/AHD - Dated:- 6-9-2010 - Ms. Archana Wadhwa, Shri B.S.V. Murthy, JJ. REPRESENTED BY : Shri P.V. Sheth, Advocate, for the Appellant. Shri R. Nagar, SDR, for the Respondent. [Order per : B.S.V. Murthy, Member (T)]. The applicant is engaged in manufacturing of Bright Bars falling under Cha .....

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..... e, proposing the recovery of service tax and also initiated penalty proceedings. 2. Consequently demand for service tax of Rs. 1,07,110/- with interest was confirmed against the appellant and penalties were imposed under various sections of Finance Act, 1994. 3. The learned advocate on behalf of the appellants submitted that the impugned order has travelled beyond the show cause notice and is .....

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..... as towards interest and therefore the demand for service tax cannot be sustained. 4. After considering the submissions made by the learned advocate we find that appellant has been able to make out prima-facie case in their favour in view of the fact that the appellants are financing the purchasers and charging interest for such finance. Interest charged for finance provided cannot be considered .....

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