9911796707
TMI Blog2010 (11) TMI 509X X X X Extracts X X X X X X X X Extracts X X X X ..... ces; (iii) Service Tax Rs. 2,20,626/- on Storage and Warehousing charges; (iv) Interest on the above amounts of service tax under Section 75 of the Finance Act, 1994 read with Section 11AB of the Central Excise Act, 1944; and (v) Penalty of Rs. 200/- per day for delay in payment of service tax or at 2% per month whichever is higher under Section 76 of the Finance Act. 2. Heard both sides and perused the records. 3. The confirmation of the demand has arisen on the ground that the appellant even after providing services of Banking and Other Financial Services, Management, Maintenance and Repair Services and Storage & Warehousing Services during the period from August, 2007 to Sept ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quipment which was manufactured by them. As regards the demand of service tax on 'Management and Maintenance or Repair Services, it is the argument that they are not liable to pay any service tax as the contract entered into for 'Operation & Maintenance of the plant'. It is the submission that maintenance part of the agreement is only incidental and ancillary to the main activity and they have discharged the service tax liability for the amounts that they charged for the services rendered for the maintenance. 6. The learned Jt. CDR, on the other hand, submits that 'Banking and Other Finance Services' defined under Section 65(12) of the Finance Act, 1994 has been brought under service tax net with effect from 16-7-2001. In the definiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... view that the appellant has not made out prima facie case for the complete waiver of pre-deposit of the amounts confirmed by the adjudicating authority. Considering the fact that the issue needs to be gone into detail and also it being a question of interpretation, we are of the considered view that the appellant should be put to some condition in order to dispose the appeal. Accordingly, we direct the appellant to deposit an amount of Rs. 10,00,000/- (Rupees Ten lakhs only) within four weeks from today and report compliance before the Assistant Registrar of this Bench on 11th January, 2011. Subject to such compliance being reported, we allow the application for waiver of pre-deposit of the balance amounts involved and stay recovery thereof ..... X X X X Extracts X X X X X X X X Extracts X X X X
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