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2013 (4) TMI 415 - AT - Service TaxBusiness Auxiliary Service - confirmation of service tax along with interest and equal amount of penalty u/s 78 - respondents are working as sourcing agent for ICICI and are sourcing persons to ICICI Bank for purpose of home loans - Commissioner (Appeal) allowed the appeal of assessee relying on S.R. Kalyanakrishnan Vs Commissioner of Central Excise Cochin reported in (2007 (8) TMI 198 - CESTAT, BANGALORE) - Held that:- As decided in M/s Bridgestone Financial Services Vs C.S.T Bangalore (2007 (1) TMI 67 - CESTAT, BANGALORE) that promoting or marketing of service comes under Business Auxiliary Services. Also Tribunal in case of Brij Motors Pvt. Ltd. (2011 (11) TMI 410 - CESTAT, NEW DELHI) and S.K. Jalendra & Associates (2012 (5) TMI 444 - CESTAT, DELHI) after considering the decision in Bridgestone Financial Service case held that these services are classifiable as Business Auxiliary Services. Thus activity of sourcing person for the purpose of home loans by ICICI is Business Auxiliary Services. Thus Order in Original restored. In favour of Revenue.
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