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We have also made out observations that while prima
facie, appellant may be liable to tax, question as to what are the
components which go into the intermediate course and what are
the components of fee that can be attributed to Commercial
Training or Coaching requires a very detailed consideration.
Therefore, even if we hold that the service tax is liable, there
would still be dispute about valuation and further even the
liability itself the appellants have not accepted and are
challenging the same. Appellants view is that intermediate
course is the main course and Commercial Coaching is incidental.
Under these circumstances, we consider that if the appellant
deposits an amount of Rs.6.00 crores within 8 weeks and report
compliance that would be sufficient for hearing the appeal.
Accordingly, the appellant is directed to deposit an amount of
Rs.6.00 crores (Rupees Six Crores Only) and report compliance on
16.12.2014. Subject to compliance with the above requirement,
the requirement of pre-deposit of balance dues is waived and stay
against recovery is granted.