TMI Blog2010 (6) TMI 128X X X X Extracts X X X X X X X X Extracts X X X X ..... le under Business Auxiliary Services as defined under Section 65 (19) of Chapter V of the Finance Act, 1994. Held that-in the light of the decisions of Silicon Honda vs. CCE, Bangalore, 2007 -TMI - 1555 - CESTAT, BANGALORE, the activity taken over by the appellant is not a ‘Business Auxiliary Service’. Hence the demands are not sustainable. Accordingly, the impugned order is set aside and the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hese banks. The allegation against the appellant is that the activity taken over by the appellant by helping in financial assistance to the buyers through financial institution is classifiable under Business Auxiliary Services as defined under Section 65 (19) of Chapter V of the Finance Act, 1994. 3. A show-cause notice was issued demanding service tax, interest and proposing penalties under Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sustainable under the category of Business Auxiliary Services. To support his contention the appellant relied on in the case of Silicon Honda vs. CCE, Bangalore , 2007 (7) STR 475 (Tri., Bang.) . 6. On the other hand learned DR submitted that at the time of investigation the appellant admitted their liability and paid service tax and the contention that they provided the facility of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er (A) has not referred to any evidence of financial institutions giving commission to the appellants for providing loan to their customers, who are brought through the appellants. The appellants have denied having promoted the business of financial institutions. They have stated that they are paid by the financial institutions for occupying the table space at the appellant's premises. This portio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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