Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2011 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (2) TMI 864 - AT - Service TaxPenalty - Commission fee received from the bank - The authorized signatory of the respondent during investigation has submitted that the commission received by them was out of the fee collected for processing of the loan by the bank - They were under the impression that since service tax was payable on the whole amount of processing fee by the Bank, no service tax was liable to be paid by them - The Commissioner (Appeals) taking note of the fact that the entire service tax stands paid before issue of show-cause notice upheld the demand without going into the limitation aspect - However, taking the facts and circumstances of the case, which involved receipt of portion of the processing fee by the respondent from the bank and the bank having paid the service tax on the entire amount he waived penalties imposed by the original authority under various Sections - Decided in favour of assessee.
|