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2015 (8) TMI 155 - AT - Service TaxWaiver of pre deposit - business auxiliary service - given space for furniture for the representatives of banks/insurance companies - Receipt of commission from the insurance/banking companies - Held that:- In the case of Pagariya Auto Centre (2014 (2) TMI 98 - CESTAT NEW DELHI (LB)), the CESTAT held that with regard to providing table space to financial institutions, the classification of transaction under BAS or otherwise must depend upon analysis of relevant transactional documents and where mere space is provided along with furniture for facilitation accommodation of representatives of financial institutions in premises of automobile dealers and consideration is received for that singular activity, it may perhaps constitute a rent and not amount to be business auxiliary service but if the transactional documents and other evidence on record indicated substantial activity falling within Section 65(19) of Finance Act, 1994, then it would legitimately classifiable under business auxiliary service. The issue involves proper analysis of the nature of transactions - Partial stay granted.
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