TaxTMI 
TaxTMI 
2014 (1) TMI 1204
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.... monthly equal instalments starting March, 2013 as a pre-condition of hearing of the appeal on merits?" 2. With the consent of the parties, as limited and a short issue arises for consideration, the appeal is taken for hearing today itself. 3. The appellant is a company engaged in the business of internet/internet services and providing mobile digital data. 4. By order-in-original dated 6th August, 2012, the appellant was directed to pay following amounts towards service tax, penalty etc.: "(i) I confirm and demand ST amounting to Rs.2,95,63,317/- (Rs. Two Crores Ninety-Five Lakh Sixty-Three Thousand Three Hundred Seventeen only) including Education Cess & Higher Secondary Education Cess short paid on the total taxable value of the "Bus....
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....efore the tribunal. Before us, learned counsel for the appellant has filed today a copy of the revised balance sheet as on 31st March, 2013, which indicates that the appellant had suffered losses for the year ending 31st March, 2012 but had positive income for the year ending 31st March, 2013. Bank balances as on 31st March, 2013 show positive figures of more than Rs.5 crores. It is submitted that to overcome the losses and to keep the balance sheet in positive figures the appellant company had to sell its investments. However, these contentions do not disclose financial stringency of a nature, that deserves or requires complete waiver. In any case, we should examine facts, prima facie case, etc. 7. As is evident from the operative portion....
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....t, to pray for waiver of pre-deposit. 9. With regard to the second issue, it is an accepted position that the appellant is engaged and had provided services in form of development and maintenance of websites. The contention of the appellant is that software or development and maintenance of websites service were exempt from service tax in terms of Circular No. 70 dated 17th December, 2003 till 1st June, 2007. It is pointed out that the demand in question relates to the period 2004-05 to 31st March, 2006. On the said aspect, learned counsel for the respondent has relied upon Circular No.81/2/2005-ST dated 7th October, 2005. The said Circular relies upon judgment of the Supreme Court in Tata Consultancy Services versus State of Andhra Prades....