9911796707
TMI Blog2008 (7) TMI 283X X X X Extracts X X X X X X X X Extracts X X X X ..... enkatraman, Sr. Advocate, for the Appellant. Ms. A.P. Tiwari, Jt. CDR, for the Respondent. [Order per: D.N. Panda, Member (J)]. - During the pendency of the appeal before this forum, the appellant moved this stay application praying for waiver of pre-deposit of service tax of Rs. 3,24,04,855/- and Education Cess of Rs. 2,17,690/- aggregating to Rs. 3,26,22,545/-, interest charged against this demand, penalty of Rs. 200/- imposed under Section 76 of the Finance Act, 1994 (hereinafter referred to as Act) for everyday during the period of failure to make payment of service tax, penalty of Rs. 1,000/- levied under Section 77 of the Act and penalty of Rs. 3,26,22,545/- levied under Section 78 of the Act, by the impugned order dated 29-1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts an early hearing, the appellant shall come forward and deposit of Rs. 1 crore (rupees one crore only) to safeguard interest of revenue during pendency of appeal. Accordingly, he prayed that 8 weeks time may be allowed to make deposit and the matter may be fixed for hearing thereafter. He also submitted that the Tribunal in the case of C.C.E., Chennai v. Sundaram Finance Ltd. - 2007 (7) S.T.R. 55 (Tri.-Chennai) having held that like nature services as that is provided by the Appellant shall fall under Business Auxiliary Service and not under Management Consultancy services, the appellant has fair chance of success in appeal, drawing our attention to para 4 of the order. 4. Learned Jt. CDR appearing for Revenue was fair enough to a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re may be acceptable during the pendency of appeal. Also in view of consent of both the sides, no requirement arose to go into the detailed facts involved in the cited decision and reasons of decision therein. We may only express our opinion that each and every case has its own peculiarity and the governing facts as well as attendant circumstances of each case submit themselves to meet tests of law for arriving at conclusion. Accordingly, it is directed that if the appellant make pre-deposit of Rs. 1 crore (rupees one crore only) within eight weeks from today and report compliance on 24th September 2008. Realisation of balance of demand shall be stayed. Both sides are at liberty to make application for early hearing to serve the interest of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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