TMI Blog2008 (1) TMI 306X X X X Extracts X X X X X X X X Extracts X X X X ..... charged the Service Tax and not the appellants - Appellant having made out a case on merits in their favour the stay application is allowed granting waiver of pre-deposit and staying its recovery - ST/386/2007 - . 22/2008 - Dated:- 2-1-2008 - Dr. S.L. Peeran, Member (J) and Shri T.K. Jayaraman, Member (T) Shri M.S. Srinivasa, Advocate, for the Appellant. Shri K. Sambi Reddi, JDR, for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Clarification cited supra wherein the Board has clarified that the Service Tax has to be paid only by a Cable Operator and not by one who is providing MSO. He points out to the letter placed at Page 64 of the Paper Book which has been acknowledged by the Superintendent of Central Excise wherein they have stated that they are providing Multi-System Operator services by getting the programmes from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le operators and the respective cable operators should have discharged the Service Tax and not the appellants. Appellant having made out a case on merits in their favour the stay application is allowed granting waiver of pre-deposit and staying its recovery. As the amounts are more and full waiver has been granted, appeal to be heard out of turn on 31-1-2008. There shall be no recovery till the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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