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TMI Blog2010 (5) TMI 349X X X X Extracts X X X X X X X X Extracts X X X X ..... or the Appellant. Smt. Joy Kumari Chander, 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 of Rs. 6,04,75,036/-; (ii) Interest under Section 75 of the Finance Act, 1994; (iii) Penalty @ 2% per month on the serv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dered as services under the category of 'Business Auxiliary Service'. He draws our attention to the definition of 'commission agent' as per the Board's Circular No. 59/8/2003 dated 20-6-2003. It is the submission that in this case, the appellant does not cause sale or purchase of the goods. It is the submission that decision of this Bench in the case of Federal Bank Ltd. v. Commissioner of Central ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cannot be considered as 'Business Auxiliary Services' nor commission received on sale of such mutual funds. As regards the commission received towards the marketing and sale of credit cards, it is the submission that credit cards are their own credit cards and there is no commission received on marketing and sale of credit cards of State Bank of India and its Associated Banks. He submits that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... category of "Banking and Other Financial Services". At this juncture, we find that the appellant has made out a prima facie case for waiver of pre-deposit of the amounts adjudged by the adjudicating authority. The application for waiver of pre-deposit of the amounts involved is allowed and recovery thereof stayed till the disposal of the appeal.
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