TMI Blog2015 (7) TMI 272X X X X Extracts X X X X X X X X Extracts X X X X ..... .A. - for the appellant Shri Amresh Jain, D.R. - for the respondent ORDER The appeals by M/s Resonance Eduventures Pvt. Ltd. and Shri R. K. Verma have been filed along with stay applications. Vide impugned orders the respective impugned service tax demands have been confirmed along with interest and penalties. In addition demand of Rs. 8,24,031/- was also confirmed on account of di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fee concession or discount on fees given to students. It was not as if fee was collected at full rate and any amount in the name of scholarship was given to students. It also contended that there was no wilful mis-statement or suppression of facts and therefore extended period for raising demand was no invocable. 3. The Id. DR, on the other hand argued that scholarship is an amount g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ected; it was just a fee discount. It is well settled that for legal analyst what is relevant is the actual nature of the transaction and not the name given to it (i.e. transaction). In the light of the foregoing we are of the view that the appellant has been able to make out a strong prima facie case in its favour. Therefore we grant full waiver of pre-deposit and stay recovery of the impugned li ..... X X X X Extracts X X X X X X X X Extracts X X X X
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