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2017 (7) TMI 95 - AT - Service TaxBusiness Auxiliary service - consideration as brokerage from the borrowers of the loan amount - Held that: - no consideration is paid by the money lender - there is no allegation to the effect that the appellants promoted the product or services of borrowers of loan amount, which can be brought under the scope of business auxiliary service in terms of Section 65 (19) of the Finance Act, 1994 - similar set of facts came up for consideration by the Tribunal in Fulchand Tikamchand Vs. CCE & C, Nagpur [2016 (2) TMI 772 - CESTAT MUMBAI], where it was held that In view of an equation that is devoid of an agency relationship with the financier and rules out the provision of a service on behalf of the borrower from whom the appellant receives consideration, the activities of the appellant are outside the ambit of “business auxiliary service” - appellant are not liable to service tax - appeal allowed - decided in favor of appellant.
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