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M/s. Preet Financial Services Pvt. Ltd. Versus C.S.T., Delhi

2015 (10) TMI 59 - CESTAT NEW DELHI

Waiver of pre deposit - Valuation - payment of service tax on Net basis - Business Auxiliary Service - Held that:- Service tax was required to be paid by the appellant on the entire amount of commission received by the appellant under BAS. However, appellant paid service tax on the net commission retained by it as there was some confusion in this regard at that time. - there were indeed doubts (about whether service tax was to be paid on the entire commission received or on the net commission re .....

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5 - Dated:- 7-9-2015 - G. Raghuram, President and Mr. R.K. Singh, Member (Technical) For the Petitioner : Mr. G. Maheshwari, Advocate For the Respondent : Mr. Rakesh Khanna, DR ORDER Per Mr. R.K. Singh : The stay application along with appeal is filed against Order-in-Appeal dated 06.06.2013, which upheld the Order-in-Original dated 06.06.2012 in terms of which service tax demand of ₹ 20,75,821/- was confirmed along with interest and penalties for the period July, 2003 to December, 2004 on .....

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that time and it paid service tax on the commission which was retained by it as some of the commission received from banks/NBFCs was passed on to the customers. (iii) There was confusion about it during the relevant time so much so that CBEC circular No.87/5/2006-ST, dated 06.11.2006 was issued to clarify the issue. 3. Ld. Departmental Representative, on the other hand, contended that there was no confusion in-as-much-as the service tax was required to be paid by the appellant on the commission .....

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n in this regard at that time. We find that CBEC circular dated 06.11.2006 referred to above stated as under:- Subject: Service tax issues relating to authorized motor vehicle dealers and service stations reg. It has been brought to the notice of the Board that certain doubts have arisen in respect to activities undertaken by authorized motor vehicle dealers and service stations.The issues are as mentioned below:- * * * * * * * * (d) Whether the commission received by the automobile dealers from .....

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