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2018 (9) TMI 1278 - AT - Service TaxPenalty - Business Auxiliary Service - commission/incentives received from institutions in respect of loans given to the buyers of the motor vehicles - Held that:- The Tribunal in the case of Roshan Motors Ltd. v. Commissioner of Central Excise, Meerut [2008 (11) TMI 55 - CESTAT, NEW DELHI], while upholding the demand on identical activities has set aside the penalties imposed upon the assessee by observing that the issue was a bona fide issue of interpretation of question of law and no suppression or misstatement or mala fide can be attributed to the assessee - Penalty set aside. Demand of ₹ 1,29,460/- confirmed against the appellant by comparing the ST-3 figures with the figures available in the balance sheet - Held that:- It is well settled that such comparison of ST-3 figures with balance sheets figures cannot lead to confirmation of any demand of duty in the absence of any evidence to establish that such income, as reflected in the balance sheet was on account of the services rendered by the assessee - there is no justification for the demand. Appeal allowed - decided in favor of appellant.
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