2011 (4) TMI 1147

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..... r per : Jyoti Balasundaram, Vice-President]. - Heard both on the application for waiver of pre-deposit of service tax, education cess and secondary & higher education cess of Rs. 57,01,833/- under the proviso to Section 73(1) together with interest under Section 75 and penalty of Rs. 60 lakhs under Section 78 of the Finance Act, 1994. The demand has been confirmed by treating the commission amou .....

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..... er person - (i)      deals with goods or services or documents of title to such goods or services ; or (ii)    collects payment of sale price of such goods or services; or (iii)   guarantees for collection or payment for such goods or services; or (iv)   undertakes any activities relating to such sale or purchase of such goods or serv .....

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..... ima facie therefore acted as 'commission agent' involving the borrower and the dealer. Under these circumstances, no prima facie case for total waiver has been made out. We, therefore, direct pre-deposit of Rs. 20,00,000/- (Rupees Twenty lakhs only) towards tax within a period of 8 weeks from today and on such deposit, the pre-deposit of balance amounts in dispute shall stand dispensed with and re .....

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