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2017 (5) TMI 960 - CESTAT NEW DELHI

2017 (5) TMI 960 - CESTAT NEW DELHI - TMI - Business Auxiliary Services - service as a financial broker by providing arrangement - receipt of commission for providing the platform for loan transaction between the lender and the borrower - taxability - Held that: - promotion or marketing of service provided by client and procurement of service for the client are mentioned as category of activities taxable under BAS - the borrower pays a certain portion of money borrowed, as commission - The commi .....

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inst order dated 04/05/2011 of Commissioner (Appeals), Jaipur. The appellants are engaged in providing service as a financial broker by providing arrangement, wherein the lender can loan money to borrower. While providing such arrangement the appellants get certain commission for the services. Proceedings were initiated against the appellant for recovery of service tax on the commission received by them, treating the same as taxable under Business Auxiliary Services in terms of Section 65 (19) o .....

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receive commission from the borrower. The confirmation of tax liability against the appellant was not legally sustainable as they have not received any consideration from the money lender and, as such, it cannot be considered that they have promoted their services. 3. The learned AR supported the findings of the lower Authorities and submitted that by acting as a middle man, the appellant did provide facilities to the lender as well as borrower and both of them did receive services which promote .....

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