TMI Blog2018 (5) TMI 722X X X X Extracts X X X X X X X X Extracts X X X X ..... -5-2018 - Hon ble Shri S.K. Mohanty, Member (Judicial) And Hon ble Shri C.L. Mahar, Member (Technical) Ms. Priyanka Goel, Advocate for the appellant Shri G.R. Singh, Authorized Representative (DR) for the respondent ORDER Per. S. K. Mohanty This appeal is directed against the impugned order dated 02/08/2011 passed by the Commissioner, Customs Central Excise (Appeals), Jaipur. 2. Brief facts of the case are that the appellant is working as a finance broker. The appellant arranges the borrowers, who need money and introduces them with the money lenders, who provide money on loan basis. For undertaking such activity, the appellant collects its commission/brokerage from the borrower. Such activities performed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y get some brokerage amount from the borrowers. No consideration is paid by the money lender. We note that there is no allegation to the effect that the appellants promoted the product or services of borrowers of loan amount, which can be brought under the scope of business auxiliary service in terms of Section 65 (19) of the Finance Act, 1994. We note that similar set of facts came up for consideration by the Tribunal in Fulchand Tikamchand vs. CCE C, Nagpur 2016 TIOL 502 CESTAT MUM, wherein the Tribunal held as below :- 8. It is seen from the description of the activity that the appellant does not enter into any contract, written or implied, with either the financier or the borrower; nor is there any responsibility cast upon t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellant 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 receives consideration, the activities of the appellant are outside the ambit of business auxiliary service . 5. We find that the ratio followed by above decision is applicable to the present case. Accordingly, we hold that the impugned order is not sustainable and the appellants are not liable to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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