TMI Blog2012 (12) TMI 178X X X X Extracts X X X X X X X X Extracts X X X X ..... siness auxiliary service” – Held that:- Appellant was in receipt of Rs. 50,00,000/- for the service of aforesaid description provided while it was dealer of Hyundai Cars - appellant deliberately withheld the taxes due and liability to pay was not postponed by circular issued - circular was issued 10 months after due date of discharge of tax liability with interest as stated by the appellant - When ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion service. Revenue came out with the allegation that the appellant was promoting banking and financial services for funding loan by the lending bank to enable the potential customer to purchase vehicles and such service attracts service tax under the category of business auxiliary service . Such service was alleged to have been provided from July, 2003 to March, 2005. It was also submitted that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellant to discharge the entire tax liability forthwith when incidence to tax arose and there was no need to wait and take plea of issue of circular at a later date. The appellant does not deserve waiver of penalty. 4. Heard both sides and perused the record. 5. Paragraph 4 of the appeal order indicates that the appellant was in receipt of Rs. 50,00,000/- for the service of aforesaid desc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... njoyed and no good reason exists for waiver of penalty. It is also on record that the appellant was an educated tax payer when it was discharging its liability under the category of authorised service station service provider. Following the decision of the Hon ble High Court of Allahabad, the appellant may be allowed relief of waiver of penalty in respect of the demand for the period from July, 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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