2007 (10) TMI 623 - AT - Service Tax

Waiver of pre-deposit - benefit of N/N. 12/2003-ST dated 26-6-2006 as amended by N/N. 12/2004-ST dated 10-9-2004 - Held that - when the language of the notification does not restrict exemption only to standard text-book sold the notification cannot be whittled down by the circular - pre-deposit waived.

Summary

The Appellate Tribunal CESTAT Mumbai granted waiver of pre-deposit of service tax and penalty for the appellant. The demand was based on the eligibility for exemption under Notification No. 12/2003-ST, which was contested by the appellant. The Tribunal found a prima facie case for waiver as the notification did not restrict exemption to standard textbooks as per CBEC Circular No. 59/8/2003. Recovery of the amounts in question was stayed pending the appeal.