9911796707
TMI Blog2016 (11) TMI 1004X X X X Extracts X X X X X X X X Extracts X X X X ..... demand for service tax was raised under Business Auxiliary Service (BAS) under Section 65(19) of the Act, on the basis of scrutiny of the company s balance-sheet when Revenue noticed that the assessee had received certain amounts described as commission/brokerage charges during the years 2004-05 to 2008-09 . The commission/ brokerage was received by the assessee from its clients for providing discounting advice in connection with the management of business of their clients and for arranging funds for their clients. Revenue took the view that the assessee had acted as commission agent for which they have received the commission. In the impugned order, Commissioner (Appeals) took the view that the consideration received by the assessee from t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acting on behalf of another person- (i) Deals with goods or services or documents of title to such gods or services; or (ii) Collects payments of sale proc of such goods or services; or (iii) Guarantees for collection or payment for such goods or services; or (iv) Undertakes any activities relating to such sale or purchase of goods or services; (b) excisable goods has the meaning assigned to it in clause (f) of Section 2 of the Central Excise Act,1944; manufacture has the meaning assigned to it in clause (f) of section 2 of the Central Excise Act,1944; 5. We find that the services rendered by the assessee are in the nature of advice given to their clients for finding the means and sources of fund of business and negotiating th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judicating authority; the circular clarifies that automobile dealers getting commission from finance companies for promoting or marketing their auto loan packages among car buyers are taxable. The activities of the appellant may indeed benefit the various empanelled financiers with increased business but the appellant is not in receipt of any consideration from any of them. To be a commission agent the definition requires entities to act on behalf of another person and causes sale or purchase of goods, or provision or receipt of services, for a consideration". In view of an equation that is devoid of an agency relationship with the financier and rules out the provision of a service on behalf of the borrower from whom the appellant receive ..... X X X X Extracts X X X X X X X X Extracts X X X X
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