2010 (11) TMI 509

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.... 26,01,609/- on Maintenance and Repair Services; (iii)   Service Tax Rs. 2,20,626/- on Storage and Warehousing charges; (iv)   Interest on the above amounts of service tax under Section 75 of the Finance Act, 1994 read with Section 11AB of the Central Excise Act, 1944; and (v)     Penalty of Rs. 200/- per day for delay in payment of service tax or at 2% per month whichever is higher under Section 76 of the Finance Act. 2. Heard both sides and perused the records. 3. The confirmation of the demand has arisen on the ground that the appellant even after providing services of Banking and Other Financial Services, Management, Maintenance and Repair Services and Storage & Warehousin....

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....Financial Services' but only leasing the special purpose equipment which was manufactured by them. As regards the demand of service tax on 'Management and Maintenance or Repair Services, it is the argument that they are not liable to pay any service tax as the contract entered into for 'Operation & Maintenance of the plant'. It is the submission that maintenance part of the agreement is only incidental and ancillary to the main activity and they have discharged the service tax liability for the amounts that they charged for the services rendered for the maintenance. 6. The learned Jt. CDR, on the other hand, submits that 'Banking and Other Finance Services' defined under Section 65(12) of the Finance Act, 1994 has been brought under....