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2018 (2) TMI 936 - AT - Service TaxBanking and Financial Service - appellant is engaged in the financial leasing of equipment and machines under the agreement named as Fixed Period Rental Agreement - Held that: - admittedly there is no transfer of the ownership of the goods at the end of lease, the same does not fall in the category of financial lease and falls in the category of operating lease - demand not sustainable. Business Auxiliary Service - it was alleged that appellant is providing Business Auxiliary Service for the foreign entity, namely, M/s Canon Singapore Pvt. Ltd. and the services provided do not qualify as export of service under the Export of Service Rules, 2005 - Held that: - The terms of the authorized distributor agreement are clearly on principal to principal basis - for the previous period 2003-2008, the Department has accepted the view that the appellant is carrying out the sales and promotion on their own behalf. Hence, these activities are not covered under Business Auxiliary Service”. Management, Maintenance and Repair Service - import services - recipient of services - reverse charge mechanism - Held that: - it is difficult to agree with the finding of the Ld. Commissioner (A) that it is not an export of service. Since it will be export of service, in that circumstances too, no service tax is leviable and the demand on this issue is therefore unsustainable. Appeal allowed - decided in favor of appellant.
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