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Customs, Excise and Gold Tribunal - Bangalore

The Commissioner Of Customs And Central ... vs Sathguru Management Consultants ... on 18 April, 2007

Equivalent citations: [2007]10STJ141(CESTAT-BANGALORE)

ORDER
 

S.L. Peeran, Member (J)
 

1. Revenue is seeking stay of the operation of Order-in-Appeal No. 11/2006 dated 18.9.2006. Revenue proceeded against the appellants to cover them under the category of 'Business Auxiliary Services'. The Commissioner noted that they were carrying on the services of Registrars and Share Transfer Agents and were not stock brokers. He has also noted that they do not fall under the 'Business Auxiliary Services', as there is no sale element as explained under 'Business Auxiliary Services' and as the said services were newly introduced from 1.5.2006 while the demand pertains to July 2003 - January 2005. Revenue is contesting the order and contends that the appellants' activity was rightly brought under the category of 'Business Auxiliary Services'. However the fact that the same was introduced from 1.5.2006 is not denied in the grounds of appeal.

2. We have heard both sides in the matter.

3. We do not find any serious infirmity in the impugned order for grant of stay of the operation of the same. There is no merit in the stay application and the same is rejected. Appeal to come up in its turn.

(Pronounced and dictated in open Court)