TMI Blog2017 (9) TMI 1491X X X X Extracts X X X X X X X X Extracts X X X X ..... Geojit Comtrade Ltd. is liable to service tax - demand upheld - appeal dismissed - decided against appellant. - ST/20077/2015-DB - Final Order No. 22048 / 2017 - Dated:- 30-8-2017 - Shri S.S Garg, Judicial Member And Shri Ashok K. Arya, Technical Member None For the Appellant Mr. N. Jagadish, AR For the Respondent ORDER Per : S.S GARG The present appeal is directed against the impugned order dated 19.12.2013 passed by the Commissioner (Appeals) whereby the Commissioner (A) has disposed of 17 appeals. 2. Briefly the facts of the case are that the appellants entered into an agreement with M/s. Geojit BNP Paribas Financial Services Ltd., Kaloor and M/s. Geojit Comtrade Ltd. to act as an intermediary between these p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 06-CX dated 18.5.2007. The original authority did not agree to the argument and concluded that the appellant is promoting and marketing the service provided by M/s. Geojit BNP Paribas Financial Services Ltd. and M/s. Geojit Comtrade Ltd. and hence classifiable under Business Auxiliary Service defined under Section 65 (19)(vi) of Finance Act, 1994 which is a taxable service as per clause (105)(zzb) of Section 65 of the Finance Act. 3. Heard the learned AR and none appeared on behalf of the appellant, therefore, we proceed to decide the case on merits. 4. We have gone through the grounds of appeal wherein the appellant has stated that no service tax is leviable on the services provided by an authorized person to Member of a recognized a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e privilege, the services rendered by appellant to M/s. Geojit Comtrade Ltd. is liable to service tax. The tax amount shall be so re-computed and penalties imposed under Section 76 and 78 shall be limited to that tax liability. 13. It is observed that penalties have been imposed under Section 76 and 78 of the Finance Act, 1994 in Appeal No.227/ST/CLT/2010, 14/ST/CLT/2011 and 226/ST/CLT/2010 which is improper considering the settled rulings of the Hon ble Tribunal in re The Financers [2007 (8) STR 7 (Tri.-Del.)] and the decision of the Hon ble High Court of Karnataka in re M/s. Motor World and Others [2012-TIOL-418-HC-KAR-ST]. The penalty imposed under section 76 is therefore set aside in the said appeals. The penalty imposed u/s 77 is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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