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2008 (8) TMI 107 - AT - Service TaxPurchase & sales of SIM cards/rechargeable coupons of M/s. Aircel Ltd. – assessee paid tax under head ‘Business Auxiliary Service’ under protest and took credit of tax paid by M/s. Aircel Ltd. - Commissioner (Appeals) while confirming demand has not chosen to decide the issue of liability to service tax, but has dealt with only one issue i.e. whether the service tax credit availed and utilised by them is legal - since the issue is at the root of the dispute, appeal is allowed by way of remand
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