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2011 (7) TMI 990 - AT - Service TaxRefund of service tax paid - first Appellate Authority who granted relief to the Respondent on the ground that the Respondent was a sourcing agent to the bank and such service being taxable with effect from 10-9-2004, but the Respondent was not liable to Service Tax. - Notification No. 14/2004, dated 10-9-2004 - held that:- Nowhere the Respondent has pleaded that it was collaborator to the financing bank to serve clients of the Bank concerned. - the moment service was provided by the Respondent to the funding bank service of the bank begins to serve clients of the later. - no tripartite agreement was executed among the Respondent, financing bank and the borrower, nor there is any letter of appointment in that regard. There is no role of the Respondent to discharge any obligation to the prospective borrowers of the Bank. Therefore the material fact suggests that there was no provision of service to third party by the Respondent on behalf of the financing bank. The first Appellate order proceeded under misconception of law misconstruing the notification benefit. - Decided against the assessee - refund rejected.
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