ORDER
S.L. Peeran, Member (J)
1. The appellants are required to pre-deposit Service Tax of Rs. 87,55,835/- and penalties of Rs. 1.25 crores under Section 78; Rs. 200/- per day of default under Section 76 and Rs. 1,000/- under Section 77. The appellants are agents appointed by M/s. ICICI Bank Ltd. to provide specialized services to them in respect of promotion and marketing of home loans, personal loans and credit cards. The department has brought these services under the category of “Business Auxiliary Services” and has proceeded to demand Service Tax and a proposal for imposing penalty was also made in the Show Cause Notice. The Service Tax was raised for the period 10/03 to 03/05.
2. The learned Counsel submits that on this very issue, this bench, by Final Order No. 875/2007 dated 03.08.2007, has decided the issue in respect of another agent of M/s. ICICI Bank Ltd. and has held that this activity does not come within the ambit of Business Auxiliary Services, as the activity was brought within the category of “Business Support Services” w.e.f. 01.05.2006 only. He submits that the Final Order No. 875/2007 dated 03.08.2007 would apply to the facts of this case.
3. The learned JDR submits that a date may be fixed for final hearing so that he can argue on the main appeal. He refers to the Cross objections filed in this case. He submits that the Final Order is distinguishable.
4. We have considered the submissions and have perused the order passed by this bench in the case of Mr. S.R. Kalyanakrishnan by Final Order No. 875/2007 dated 03.08.2007. Prima facie, the issue is identical and this Bench has clearly noted that the activity carried out by the appellant do not come within the ambit of ‘Business Auxiliary Services’ but would come within the ambit of ‘Business Support Services’ which has come into effect on 01.05.2006. In view of the Final Order cited supra, we allow the stay application granting waiver of pre-deposit and staying its recovery till the disposal of the appeal. Since prima facie, the issue is covered, the appeal is to be heard out of turn. Matter to come up for final hearing on 5th February, 2008. There shall be no recovery till the disposal of the appeal.
(Pronounced and dictated in open Court)