TMI Blog2010 (11) TMI 509X X X X Extracts X X X X X X X X Extracts X X X X ..... g and hire-purchase - appellant has not made out prima facie case for the complete waiver of pre-deposit of the amounts confirmed by the adjudicating authority - Decided against the assessee by way of direction to deposit Rs. 10 Lakhs - ST/973/2009 - 891/2010 - Dated:- 29-11-2010 - S/Shri M.V. Ravindran, P. Karthikeyan, JJ. REPRESENTED BY : S/Shri Arvind Datar, Sr. Advocate and M. Jagdeesh, Advocate, for the Appellant. Shri D.P. Nagandra Kumar, Jt. CDR, for the Respondent. [Order per : M.V. Ravindran, Member (J)]. This stay petition is filed for waiver of pre-deposit of the following amounts : (i) Service Tax Rs. 1,00,13,752/- on Banking Services (ii) Service Tax Rs. 26,01,609/- on Maintenance and Repair S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for storing the liquid oxygen and leasing the same to their clients. He submits that the Departmental clarification as regards the taxability on supply of tangible goods service would apply to this case. It is the submission that the appellant had paid the sales tax/VAT as deemed sale of the goods and hence the question of discharge of Service Tax liability does not arise as the said clarification clearly holds that once supply of tangible goods for use and VAT/sales tax had been paid, it would not come in the scope of service tax liability on supply of tangible goods service. He submits that the appellant has not provided Banking Financial Services but only leasing the special purpose equipment which was manufactured by them. As regar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the production of oxygen and has been discharging the Central Excise duty on the oxygen which has been produced and stored and subsequently cleared by them. At this juncture, we find that the issue as regards taxability of the services, needs to be gone into detail, with reference to the definition of Banking and Finance Services and how it would affect the equipment leasing or finance leasing services in this specific case. At this juncture, we are not able to come to any conclusion on the submissions forwarded by the learned Sr. Counsel, at the same time the scope of definition of the said services also seems to be prima facie not applicable in this case. We are of the considered view that the appellant has not made out prima facie case ..... X X X X Extracts X X X X X X X X Extracts X X X X
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