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2019 (2) TMI 490 - AT - Service TaxLiability of service tax - activities of providing table space or services to financial companies /bank/institutions so as to facilitate loans to the prospective buyers of cars as the appellant is a dealer/retailer of cars and other automobiles - Held that:- The issue herein was finally settled by the Larger Bench of this Tribunal in the case of Pagariya Auto Centre Vs. CCE, Aurangabad [2014 (2) TMI 98 - CESTAT NEW DELHI (LB)], wherein it has been held that no uniform principle emerges as would guide determination of whether a particular transaction involving an interface between an automobile dealer and bank or financial institution would per se amount to BAS. The identification of the transaction and its appropriate classification as the taxable BAS or otherwise must clearly depend upon a careful analysis of the relevant transactional documents. Only such scrutiny and analysis would ensure rational classification of the transaction. Extended period of limitation - Held that:- The definition of “BAS” was substituted by Finance Act, 2004 w.e.f. 10.09.2004. The appellant has admittedly paid the service tax on the concerned activities w.e.f. 10.09.2004. Thus, there is no deliberate default on the part of the appellant and in this view of the matter, the extended period of limitation is not applicable. Appeal allowed - decided in favor of appellant.
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