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TMI Blog2013 (11) TMI 1254X X X X Extracts X X X X X X X X Extracts X X X X ..... ot amount to service. Accordingly, the applicants have made out a prima facie case of waiver of pre-deposit of the entire amount confirmed against them under the category of “Real Estate Agency Service”, we grant such waiver and stay recovery thereof during the pendency of the appeal - Stay granted. Business Auxiliary Service - Held that:- it is a transaction for sale of shares of the company, therefore, the assessees are not liable to pay service tax under the category “Business Auxiliary Service”. Accordingly, we waive the requirement of pre-deposit of the entire service tax, interest and penalty and stay recovery thereof during the pendency of the appeal - Stay granted. Denial of CENVAT credit - Availment of CENVAT credit on Constr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onfirmed on account of introduction of this service with effect from 1-6-2007. Out of the total demand of Rs. 6,25,64,325/-, the applicants have paid the agreed amount of Rs. 5,33,05,274/- during investigation along with interest. They are seeking waiver of pre-deposit of Rs. 94,86,117/- on the ground that this amount pertains to renting , which was provided prior to 1-6-2007 but payment was received after 1-6-2007 and which is approximately Rs. 75,00,000/- and the balance amount is on account of deposits made for obtaining electricity connection, calculation mistake made by Revenue etc. Considering the submissions of the learned counsel, that the issues whether the amount for which they are seeking pre-deposit pertains to deposits for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t such waiver and stay recovery thereof during the pendency of the appeal. (iii) Business Auxiliary Service : The applicants have entered into a joint venture with a foreign company and sold 40% share to the foreign buyer. On that transaction, Revenue is of the view that as the applicants have entered into collaboration with the foreign company and they are promoting the brand name of the collaborator in India, therefore, they are liable to pay service tax on this transaction under the category of Business Auxiliary Service . Prima facie, We are of the view that it is a transaction for sale of shares of the company, therefore, the assessees are not liable to pay service tax under the category Business Auxiliary Service . Accordingly, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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