TMI Blog2017 (5) TMI 1086X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant has provided any service by way of manpower supply to the lessee. In any case, the salaries/wages were paid directly to the employees/workers and the appellant has not received any consideration for any services rendered - demand not justified - appeal dismissed - decided against Revenue. - ST/880/12 - A/86838/17/STB - Dated:- 31-3-2017 - Mr. M.V. Ravindran, Member (Judicial) And Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... operative Bank and the same was taken over by the Bank. In order to meet the debt, the bank entered into tripartite agreement between the bank, respondent and various sugar factories for using the facility of the respondent for manufacturing of sugar. Under the said agreement, the other two sugar factories who utilized the capacity of the respondent s factory, were required to pay an amount to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he demand for tax, interest and penalties. 3.2 It is the case of Revenue that the adjudicating authority has erred in not considering the amount paid by other sugar factories to the employees as salaries / wages as deemed consideration, received by the respondent and has erroneously dropped the proceedings initiated in the show-cause notice dated 13.10.2011. 4. After hearing both sides, we f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant M/s. Raje Vijay Singh Dafale SSK Ltd. The lesser is the bank and the lessee is M/s. Rajaram Bapu Patil SSK Ltd. The appellant is the borrower. As per the said agreement, the lesser being a secured creditor had taken over the factory of the borrower under Section 13(2) of the SARFAESI Act, 2002 to recover its dues and has leased out the factory of the borrower to the lessee. As part ..... X X X X Extracts X X X X X X X X Extracts X X X X
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