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2009 (7) TMI 699 - CESTAT, NEW DELHIStay- Dispensation of pre deposit- Business Auxiliary Service- The Appellant submits that show-cause notice has not raised the classification issue, proper law should be applied to determine nature of activity carried out by the Appellant and appropriate classification of service may be made for proper taxation. Held that- the Appellant deserves interim protection without being directed for making pre-deposit of Rs. 2,52,17,830/- toward service tax which otherwise would cause public mischief. Noticing the feature of the impugned order as aforesaid and the manner how natural justice has been violated, direct that there shall be no pre-deposit during pendency of Appeal.
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