TMI Blog2012 (9) TMI 53X X X X Extracts X X X X X X X X Extracts X X X X ..... the Respondent. ORDER Mathew John, Technical Member - The appellants were engaged in the business of renting out low-floor buses to Rajasthan State Road Transport Corporation (RSTRC) on contract basis. RSTRC was using the buses as stage carriers for transportation of persons. The appellants did not pay service tax on the consideration received from RSTRC during the period 01-06-2007 to 31-12- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sel for appellant submits that the appellants were not conducting any activity in relation to transportation of persons and such activity was carried on RSTRC. They were just renting out their assets in the form of low floor buses and this cannot be classified as Rent-a-Cab services. According to him they were bailing out their assets and there cannot be service involved in bailing out assets like ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er he argues that the appellants have not claimed benefit of notification 1/2006-ST before lower authorities and so it cannot be said that they satisfied the conditions for availing the benefit under the said notification. 7. We have considered arguments on both sides. The definitions relevant are as under: (20) "cab" means - (i) a motorcab, or (ii) a maxicab, or (iii) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... batement under Notification 1/2006-ST and abatement of cum-duty price cannot be extended to the appellant. 10. Considering the above aspects we are of the view that this is not a case for full waiver of pre-deposit of dues for admission of the appeal. We order the applicants to deposit an amount of Rs.5 lakhs within four weeks from the date of order for admission of the appeal. Subject to such pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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