Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

K.D. Motors Versus CCE, Jaipur-II

2015 (8) TMI 155 - CESTAT NEW DELHI

Waiver of pre deposit - business auxiliary service - given space for furniture for the representatives of banks/insurance companies - Receipt of commission from the insurance/banking companies - Held that:- In the case of Pagariya Auto Centre (2014 ( .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

mere space is provided along with furniture for facilitation accommodation of representatives of financial institutions in premises of automobile dealers and consideration is received for that singular activity, it may perhaps constitute a rent and n .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

iary service.

The issue involves proper analysis of the nature of transactions - Partial stay granted. - No. ST/Stay/50913/2014 in ST/50986/2014-CU(DB) - Stay Order No. 52030/2015 - Dated:- 8-6-2015 - Mr. G. Raghuram and Mr. R.K. Singh, JJ .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

cept to the extent of setting aside penalty under Section 77(1)(a) of Finance Act, 1994. In other words, the impugned order upheld the service tax demand of ₹ 3,04,985/- for the period April 2008 to Sept. 2011 along with interest and penalty (u .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

istered as Authorised Service station. It claimed that it had only given space for furniture for the representatives of banks/insurance companies and thus the amount it received was in the nature of rent for immovable property and so it was not taxab .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

other hand stated that the appellant was actually receiving commission for promoting the business of the banks/insurance companies which financed/insured the vehicles and that earlier it had claimed that it was not receiving any rent from these bank .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

case of Pagariya Auto Centre (supra), the CESTAT held that with regard to providing table space to financial institutions, the classification of transaction under BAS or otherwise must depend upon analysis of relevant transactional documents and wher .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

not amount to be business auxiliary service but if the transactional documents and other evidence on record indicated substantial activity falling within Section 65(19) of Finance Act, 1994, then it would legitimately classifiable under business aux .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     bird's eye view     ↓  


|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version