Assessees have made out a strong prima facie case on the ground that, although they were charging management fees from the bank who lend/advance money to the SHGs, they were a non-profit making organisation as no profit or income or profit was paid or transferred to their members directly or indirectly by way of dividend or bonus. This view finds support from the decision of the Tribunal in M/s. Institute of Banking Personnel Selection Vs CST, Mumbai [2007 (8) STR 529].
Although the Commissioner (Appeals) has relied upon the Tribunal’s decision in M/s. Punjab Ex-Servicemen Corporation Vs CCE Chandigarh [2009 (13) STR 529] we find that the decision in the case of Institute of Banking Personnel Selection (supra) has not been bought to the notice of the Bench and further, the existence of two different views itself justifies waiver of predeposit. In addition to this, the applicant has a balance of only Rs.3,15,210.05 in their savings bank account with ICICI bank and therefore they would be put to extreme financial hardship if any pre deposit is directed. We, therefore, dispense with pre deposit of the amounts in dispute and stay recovery thereof pending the appeal.
IN THE CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL
SOUTH ZONAL BENCH, CHENNAI
Application No.ST/S/325/2009
ST/522/2009
STAY ORDER NO.415/2010
MICRO CREDIT FOUNDATION OF INDIA
Vs
COMMISSIONER OF SERVICE TAX, CHENNAI
Date of Decision: 06.09.2010
Judgement
