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2014 (8) TMI 504 - AT - Service TaxStay or order - commissioner (Appeals) had decided in favor of assessee - Inclusion of Inspection Expenses in “other income received” and shown in miscellaneous receipts in the Profit and Loss Account - Held that:- Prima facie, the department has not satisfactorily dislodged the finding that the inspection is done in order to ensure bona fide nature of the claim and can at best be called safety measures prior to lending money and thus would not constitute rendering of any service to anyone else except to itself and that it is not the case of the department that the fee collected is excess of actual expenditure incurred for carrying out such inspection or that there is a commission contained in the inspection charges. Similarly, the department has not raised any prima facie argument against the finding that compensatory finance charges and processing fee is not service rendered to anyone else, that the interest received by the assessees is for the delay between date of disbursement of money to the supplier and the date of receipt by the customer and it is not the case of the department that the fee collected is in excess of the actual interest collectable or that there is a commission contained therein. Since no prima facie case has been made out by the Revenue for exercise of the inherent power of the Tribunal to grant stay - Stay denied.
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