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CUSTOM EXCISE & SERVICE TAX APPELLATE TRIBUNAL, MADRAS
Dr. Chittaranjan Satapathy, MS. JYOTI BALASUNDARAM, JJ.
Mahasemam Trust -Appellant
Versus
Commissioner of Central Excise, Madurai -Respondent
STAY ORDER NO. 537 OF 2011 APPLICATION NO. ST/STAY/17 OF 2011 APPEAL NO. ST/23 OF 2011
Decided On : 13-06-2011
G. Natarajan,C. Dhanasekaran
Jyoti Balasundaram, Vice-President. - Heard both sides on the application for waiver of pre-deposit of Service tax of Rs. 98,57,126/- together with interest — the amount stands confirmed under the ‘Banking and other financial services.’
2. Service tax has been confirmed on amounts collected towards (a) Group formation & maintenance, (b) Training expenses, (c) Health care, (d) Legal care, (e) Festival gift, (f) Educational scholarship, (g) Insurance and (h) Processing charges, paid by individual borrowers (ladies), who are self-employed. Prima facie, there is no evidence on record to show that the amounts collected were in connection with the loans granted by the assessees to the individuals. Therefore, prima facie, case for waiver of pre-deposit has been made out and accordingly we waive pre-deposit of the amounts in dispute and stay recovery thereof pending the appeal.
