TMI Blog2015 (10) TMI 114X X X X Extracts X X X X X X X X Extracts X X X X ..... longwith interest just before receipt of show cause notice. Such voluntary deposit itself gives credence to the contention of the appellant that it was under bonafide belief that the commission received from M/s.Maruti Finance Ltd. was not liable to service tax. - Even the CBEC acknowledged that there has been certain doubts regarding service tax liability on commission from banks/non banking fin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith interest for the period July, 2004 to March, 2006 and equal amount of penalty under section 78 of Finance Act was also imposed. The Primary adjudicating authority duly appropriated the entire amount of service tax which was deposited by the appellant and an amount of interest of ₹ 2,83,282/- deposited by the appellant was also appropriated. 2. Learned Counsel contends that the appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 16.12.2006 i.e. before the receipt of the show cause notice. The appellant contended that there was no wilful mis-statement or suppression of facts and there was confusion about the taxability of such commission as is evident from the fact that CBEC issued clarificatory circular dated 6.11.2006. In the circumstances, the appellant claimed that no penalty is imposable. 3. Learned DR on the othe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... credence to the contention of the appellant that it was under bonafide belief that the commission received from M/s.Maruti Finance Ltd. was not liable to service tax. Regarding contention of the Revenue that it was aware of taxability as it was paying service tax on the commission received from some banks, it needs to be stated that had it not paid service tax on commission received from some b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore the receipt of SCN. Even the CBEC acknowledged that there has been certain doubts regarding service tax liability on commission from banks/non banking financial institutions and issued a clarificatory circular No.87/05/2006-ST dated 6.11.2006. In these circumstances, we are of the view that the appellant has made out a good case to get benefit under section 80 ibid. Indeed in a similar se ..... X X X X Extracts X X X X X X X X Extracts X X X X
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