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    <title>2009 (2) TMI 121 - CESTAT, NEW DELHI</title>
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    <description>In a service tax dispute over classification as a commercial training and coaching centre, the appellant failed to produce substantial evidence that its activities were not commercial in nature, so no prima facie case for complete dispensation of pre-deposit was made out. The Board circular relied on was read as clarifying that charitable purpose alone does not exclude a service from tax where the levy is imposed by statute. Total waiver of pre-deposit was therefore rejected, and partial pre-deposit was directed with stay of recovery of the balance demand on compliance.</description>
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      <link>https://www.taxtmi.com/caselaws?id=33945</link>
      <description>In a service tax dispute over classification as a commercial training and coaching centre, the appellant failed to produce substantial evidence that its activities were not commercial in nature, so no prima facie case for complete dispensation of pre-deposit was made out. The Board circular relied on was read as clarifying that charitable purpose alone does not exclude a service from tax where the levy is imposed by statute. Total waiver of pre-deposit was therefore rejected, and partial pre-deposit was directed with stay of recovery of the balance demand on compliance.</description>
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      <pubDate>Mon, 16 Feb 2009 00:00:00 +0530</pubDate>
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