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2015 (2) TMI 1018 - AT - Service TaxWaiver of pre deposit - Business auxiliary service or banking and other financial services - Held that:- Prima-facie, the conclusions recorded by the adjudicating authority on both the services alleged, appears unsustainable. Insofar as BAS is concerned, the service provided by the assessee prima-facie falls within the ambit of export of service in view of the Larger Bench decision in CCE, Chandigarh vs. Paul Merchant Ltd. reported in [2012 (12) TMI 424 - CESTAT, DELHI (LB)]. Insofar as BAFS is concerned, prima-facie and in view of the analysis in Association of Leasing and Financial Services Companies vs. Union of India reported in [2010 (10) TMI 4 - SUPREME COURT OF INDIA], particularly in pargraph 20 and 37 (of the report) and the decision of this Tribunal in Commissioner of Service Tax, Delhi vs. M/s.Lufthansa Technik Services India Pvt. Ltd. reported in [2013 (12) TMI 968 - CESTAT NEW DELHI], the transactions do not amount to BAFS and equipment leasing of transactions between the assessee and its customers falls outside the ambit of financial leasing as defined in section 65 (12) read with Section 65 (105) (zm) of the Act. - strong prima-facie case in favour of the petitioner/ appellant. We therefore order waiver of pre-deposit in full and stay all further proceedings for realization of the adjudicated liabilities, pending disposal of the appeal - Stay granted.
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