TMI Blog2015 (3) TMI 788X X X X Extracts X X X X X X X X Extracts X X X X ..... ax the appellant does not arise - The facts in dispute are similar in appeals as at Sl.No.75 to 78 of the cause list. But so far as appeal No.ST/711/2010 listed in Sl.No.79 of the cause list, it is brought to our notice by learned counsel that vending machine supplied by the appellant were subjected to rental and that rent was also taxed under the aforesaid taxing provision. Principally when the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) of the Finance Act, 1944 to bring the appellant under the ambit of section 65 (105) (zm) of the said Act. He further explains that appellant company has neither been engaged any banking or financial services for which the Tribunal in the case of Banswara Syntex Vs CCE Jaipur - 2010 (18) STR 68 (Tri.-Del.) has elaborately dealt the non-taxability of the nature of rent received by the appellant. L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ara 6 to 8 of the above judgement is reproduced below:- 6. There is no difficulty to understand that Section 65(105)(zm) has brought a banking company, a financial institutions including a non-banking financial company, a body corporate and commercial concern providing service in relation to banking and other financial services are liable to service tax on the value of taxable services. The me ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (12)(zm) of the Finance Act, 1994 is unwarranted. We get support to say so, when we read the decision of the Tribunal in the case of CCE, Vadodara v. G.E. India Industries (P) Ltd. reported in 2008 (12) S.T.R. 609. So also when we read the letter dated 9-7-2001 issued by the TRU of the CBEC vide No. BII/I/2000-TRU, it is made clear that a company falling under the definition of body corporate' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is brought to our notice by learned counsel that vending machine supplied by the appellant were subjected to rental and that rent was also taxed under the aforesaid taxing provision. Principally when the appellant does not come within the purview of other financial service provider, there shall be no liability also in this appeal. 4. Accordingly, all the five appeals are allowed. (Dictated ..... X X X X Extracts X X X X X X X X Extracts X X X X
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