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2015 (3) TMI 700 - AT - Service TaxWaiver of pre deposit - Whether the services provided to the Member by the cooperative society registered under the Karnataka Cooperative Societies Act 1959 is liable to tax under Banking and other Financial Services or not - Held that:- Only a charitable trust or other organization which is established for not making profit can be considered as a non-commercial concern and in this case, the society obviously undertakes banking activity for making profit for the members. As regards Madhav Nagrik Sahkari Bank Ltd., (2012 (3) TMI 283 - CESTAT, NEW DELHI) the decision was rendered when commercial concern were not part of the definition. Therefore that decision is not applicable. Similarly, Punjab Ex-servicemen Corporation is not a cooperative society and it has not been stated so. Therefore, it may not be appropriate to apply this decision to the present case. In the result, we are left with a decision of the Tribunal wherein this Tribunal had taken a view that cooperative society is not a commercial concern in the case of ex-services security cooperative society Ltd. This decision is squarely applicable to the facts of this case. In this case, the appeal itself had been allowed. In any case for prima facie waiver of predeposit and stay against recovery, in our opinion this decision can be taken into account. - wherever service tax has not been paid or partly paid, the appellant shall deposit the amount payable towards tax liability within eight weeks and report compliance on 2.12.2014. Subject to compliance with the above requirement, the requirement of predeposit of balance dues is waived and stay against recovery is granted during the pendency of appeals. - Partial stay granted.
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