SooperKanoon Citation | sooperkanoon.com/44959 |
Court | Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai |
Decided On | Feb-26-2007 |
Judge | J Balasundaram, Vice, A T K.K. |
Reported in | (2007)9STJ217CESTAT(Mum.)bai |
Appellant | Bajaj Allianz General Insurance |
Respondent | Commissioner of Central Excise |
The demand has been confirmed against the applicants herein, who are inter alia engaged in providing general insurance service, in respect of the policies issued prior to 10/09/2004, on which date the rate of service tax which was 8% has since been enhanced to 10%, we find that prima facie case for waiver has been made out, as in the case of the same assessee, for a prior period when the service tax was enhanced from 5% to 8% the Commissioner (Appeals) had taken a view that the amendment would not affect the policies taken prior to that date. Thus it shows that the department had taken a stand which it subsequently changed. In such a view of the matter prima facie case for waiver has been made out and we accordingly waive pre-deposit of the service tax and penalty and stay recovery thereof pending the appeal.
2. Since the amount involved exceeds Rs. 5 crores the appeal is fixed for out of turn hearing on 12/04/2007 along with appeal No.ST/295/2006.