TMI Blog2015 (8) TMI 155X X X X Extracts X X X X X X X X Extracts X X X X ..... to providing table space to financial institutions, the classification of transaction under BAS or otherwise must depend upon analysis of relevant transactional documents and where 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t 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 (under Section 78 ibid) on the ground that the appellant had provided business auxiliary service and received commission from the insurance/banking compani ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed that it was not receiving any rent from these bank/companies. As regards, the contention that demand is time barred. The ld. DR stated that the appellant never disclosed the fact and therefore the extended period is invocable. 4. We have considered the contentions of both sides. We find that in the case of Pagariya Auto Centre (supra), the CESTAT held that with regard to providing table spac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fell within the scope of business auxiliary service as also whether there was indeed mis-statement or suppression of facts. In the circumstances, we are of the view that pre-deposit of 50% of adjudicated service tax liability with proportionate interest within four weeks would meet the requirement of Section 35F of Central Excise Act, 1944 read with Section 83 of the Finance Act, 1994. We order ac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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