9911796707
TMI Blog2007 (2) TMI 111X X X X Extracts X X X X X X X X Extracts X X X X ..... rvice lax of Rs. 1,86,433/- from the appellants in respect of the service rendered by them to their clients during October 2003 to February 2005. They have also imposed on them a penalty of Rs. 3,74,366/-. The present application seeks waiver of pre-deposit and stay of recovery in respect of the tax and penalty amounts. There is no representation for the party. The hearing notice issued to them ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s shown in the memorandum of appeal before us is different from the address to which the impugned order was issued, indicating that there was a change of address in between. The hearing notice of the Tribunal was issued to the address shown in the memorandum of appeal. That notice has now come back. No further change of address has been notified to the Registry by the appellants. In the circumstan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Ld. SDR has contested this claim of the assessee on the ground that the above service rendered by them to the financial institutions was squarely covered by the residuary clause of the definition of "Business Auxiliary Service" under Section 65(19) of the Finance Act, 1994. 4. After a perusal of the provisions cited by ld. SDR, we find that the activity undertaken by the appellants during the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ible to tax in the category of Business Auxiliary Service, we direct them to pre-deposit Rs. 1,00,000/- (Rupees one lakh only) with the lower appellate authority within four weeks from the date of receipt of a certified copy of this order, whereupon that authority will dispose of the appeal before it on merits in accordance with law after giving the appellants an effective opportunity of being hea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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