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2018 (10) TMI 1850 - CESTAT KOLKATALevy of Service Tax - Business Auxiliary service - appellant was receiving certain amounts from various Banks and Financial Institutions for arranging finance for their customers - period July, 2003 to March, 2005 - extended period of limitation - penalty - HELD THAT:- It is seen from the sample agreement that the appellant, as representative of the Bank, was required to explain the financial scheme and facilities to the customers and facilitation depends in giving loan to the customers - thus, this activity is to be classified under BAS for payment of service tax. Time Limitation - HELD THAT:- It is seen that the fact of providing such services to Banks and Financial Institutions, was detected by the Revenue in view of the report of investigation - Revenue was fully justified in invoking extending period for demand of service tax under Section 73 of the Finance Act, 1994. Penalty - HELD THAT:- Keeping in view the fact that the service tax liability has already been discharged along with interest, this is a fit case for waiver of penalty by taking recourse to Section 80 of the Finance Act, 1994. Appeal allowed in part.
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