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2018 (5) TMI 1212

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..... sion for facilitating loans for various financial institutions will be covered within the category of Business Auxiliary Service' since such service has been provided by the appellant on behalf of financial institutions. Benefit of N/N. 25/2003 dated 01.07.2003 for the period 01.07.2003 to 09.09.2004 - Held that: - the services provided by the appellant can be covered under services provided by a commercial concern on behalf of the client . It may also be covered under (e) which refers to services provided by anybody corporate other than a financial company or institution. In any case for the period 01.07.2003 to 09.09.2004, the appellant will be entitled to the benefit of the N/N. 25/2003 dated 01.07.2003 - benefit allowed. Bene .....

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..... authorities below upheld the demand for service tax along with interest and penalties under various Sections of the Finance Act,1994. Aggrieved by the impugned order, present appeal has been filed. 2. On behalf of the appellant, we heard Mr. Dakshina Murthy, learned advocate appearing for the appellant. He submitted that the services were no doubt being rendered on behalf of various financial institutions such as ICICI Bank. But he submits that such service is rendered on behalf of the client and the appellant will be entitled to the benefit of the following Notifications: i. The benefit of Notification No. 25/2003 dated 01.07.2003 for the period 01.07.2003 to 9.9.2004 ii. Notification No. 14/2004 dated 10.09.2004 for the period .....

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..... 07.2003. It provides exemption to the portion of the value of various taxable services including (d) services provided to a client by a commercial concern in relation to the following business auxiliary services namely,- (i) procurement of goods or services, which are inputs for the client; (ii) production of goods on behalf of the client; (iii) provision of service on behalf of the client; or (iv) a service incidental or auxiliary to any activity specified in (i) to (iii) above; (e) services provided to a customer by any body corporate or commercial concern, other than a banking company or a financial institution including a non-banking financial company, in relation to banking and other financial servi .....

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..... e name of Bridgestone Agencies, Prop: Sharath M. Reddy . Since the appeHant does not fall in any of the exclusion categories specified in the above Notification, we are of the view that the appellant will be entitled to the benefit of the Notification 14/2004 for the period from 10.09.2004 till 31.03.2005. 7. We have also perused the decisions submitted by the learned DR. But we find that the appellant is rendering Business Auxiliary Service and they are entitled to the benefit of specific Notifications issued by the Government. Consequently, there is no justification for demand of service tax for the disputed period and we set aside the demands made in the impugned order and allow the appeal. (Order was pronounced and dictated in O .....

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