2013 (10) TMI 203

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....hri Govind Dixit, A.R. ORDER Per Justice G. Raghuram: Waiver of pre-deposit and stay all further proceedings for realisation of adjudicated liability pursuant to the adjudication order dated 31.1.2013 passed by the Commissioner (Adjudication), Service Tax, New Delhi is the relief sought in this application. 2. Proceedings were initiated against the petitioner/appellant/assessee which i....

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....lection was not income received under the taxable service provided. The core contention of the petitioner was that prior to 16.8.02 [vide amendment to Section 65(10) of Chapter V the Finance Act 1994 as amended by Finance Act 2001], the definition of taxable banking and financial services brought to tax only enumerated services provided by a banking company or a financial institution including n....

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....banking and other financial services. 5. Prima facie, the adjudicating authority appears to have clearly erred in failing to comprehend that the taxable service during the relevant period (prior to 16.8.02) under Section 65(105)(zm) is specified to being a service provided or to be provided to a customer by a banking company or a financial company including a non-banking financial company in re....