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2018 (6) TMI 584 - AT - Service TaxBanking and Other Finance Services - appellants are a registered Trust as a Federation of Women in Micro Credit providing loans to Women’s Self Help Groups (SHG) engaged in micro finance - demand of service tax liability under Section 65 (12) ibid is only on the allegation that the appellants are a “financial institution” - scope of SCN - Held that:- As it has already been found that the appellants would not fall within the ambit of ‘banking company or financial institution’ for the purposes of Section 65 (12) ibid, that allegation in the SCN and its confirmation in the impugned order cannot then be sustained - the SCN has clearly proposed the demand of service tax only on the ground that appellants are a financial institution and not on a charge that their services are taxable since they have been done ‚by any other person‛. This being so, this argument of the Ld. A.R is therefore outside the scope of the SCN and hence cannot be raised at this stage. Taking into account that appellants are only a Charitable Trust and have already paid up remaining demand pertaining to Rent-a-cab service amounting to ₹ 1,46,260/-, we also set aside any penalty in respect of that demand - the impugned order confirming the tax liability along with interest and penalty against the appellant on ‘Banking and Other Financial Services’ will require to be set aside - appeal allowed in part.
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