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TMI Blog2011 (4) TMI 399X X X X Extracts X X X X X X X X Extracts X X X X ..... Raju & Associates, Kakinada seeks waiver of the following dues confirmed against them:- a. Tax- Rs.76,781/- b. Penalty - Rs.1000/- u/s 77. c. Penalty - Rs.76,781/-u/s 78. 2. The assessee, a proprietary concern, was engaged by Andhra Pradesh Eastern Power Distribution Company Ltd. (APEPDCL) for recording the readings of electricity meters ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd submits that the dispute is squarely covered in his favour by the decision of the Bangalore Bench in the case of Gandhi & Gandhi, Chartered Accountant (supra) and that the original authority had dropped the demand in accordance with the law as interpreted by the Tribunal. He invites my attention to the following excerpt from the said order:- "The appellants had taken pains t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld come within the ambit of business support service which is liable to service tax only with effect from 2006. The period in the present case pertains prior to that. Moreover there is no justification for invocation of the extended period. The appellant has made out a very strong case to show that the services rendered by them would not fall within the category of business auxiliary service durin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the Tribunal has rendered conflicting decisions on the same dispute in two different orders. In the case of Gandhi & Gandhi, Chartered Accountant, dealing with an identical case, disposed recently, it was held that the impugned activity is not taxable under BAS and was taxable under BSS which was introduced in the statute in May, 2006. In the circumstances, I find that the appellant has made ou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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