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2012 (12) TMI 178 - CESTAT, NEW DELHIDemand of service tax - allegation that the appellant was promoting banking and financial services for funding loan by the lending bank to enable the potential customer to purchase vehicles and such service attracts service tax under the category of “business auxiliary service” – Held that:- Appellant was in receipt of Rs. 50,00,000/- for the service of aforesaid description provided while it was dealer of Hyundai Cars - appellant deliberately withheld the taxes due and liability to pay was not postponed by circular issued - circular was issued 10 months after due date of discharge of tax liability with interest as stated by the appellant - When the appellant discharged tax liability 10 months before the circular was issued, this clearly demonstrates that the intention of the appellant was to use public money due to state, undue benefit was enjoyed and no good reason exists for waiver of penalty - law was introduced in July, 2003, it shall be proper to penalise the appellant to the extent of 25% of the service tax demand - penalty levied under section 76 is waived. Appeal is partly allowed
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