TMI Blog2018 (7) TMI 697X X X X Extracts X X X X X X X X Extracts X X X X ..... s not fall within the definition of Banking and Financial Service. Scope of SCN - Held that:- the Commissioner (Appeals) has proceeded to confirm the demand after 16.5.2008 to 31.12.2008 holding that supply of tangible goods is taxable from 16.5.2008 - Since there is no SCN proposing to demand under supply of tangible goods, the Commissioner (Appeals) having travelled beyond the show cause noti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Finance Act, 1994. In appeal, Commissioner (Appeals) observed that the activity would not fall under Banking and Financial Service but would be covered under supply of tangible goods. The said service has become taxable with effect from 16.5.2008 only and therefore the demand prior to 15.5.2008 was set aside by the Commissioner (Appeals) but confirmed the demand from 16.5.2008 to 31.12.2008 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... refore requested that the appeal may be allowed. 3. The ld. AR Shri K. Veerabhadra Reddy reiterated the findings in the impugned order. 4. Heard both sides. 5. As evident from the records as well as written submissions made, the activity subjected to levy of service tax in the present case is the leasing of machineries. The said activity does not fall within the definition of Banking and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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