TMI Blog2022 (2) TMI 199X X X X Extracts X X X X X X X X Extracts X X X X ..... is no malafide or suppression of facts on the part of the appellant. The appellant have bonafidely deposited the tax prior to the issuance of show cause notice and passing of the order-in-original dated 9.9.2020. The appellant is entitled to benefit under Section 180 and no penalty is imposable. Accordingly, the appeal is allowed. The penalties imposed under Section 76, 77 and 78 are set aside. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er alia, the services of direct selling agent (DSA) for the various banks. They assist the willing borrower/purchaser of the vehicle in getting financial assistance from the Bank, which is known as direct selling agency services . On this service, the appellant receives commission from the financing banks. A part of such commission, which according to the appellant, they directly pass on to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of financial institutions by the automobile dealers would be covered under Business Auxiliary Service. 4. Ld. Counsel states that it is an admission itself by the CBEC that there was a confusion and this circular was issued by way of clarification and accordingly, non-payment of service tax on subvention was neither malafide nor by way of suppression of facts. Ld. Counsel also relies on the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oints out that total demand of ₹ 1,78,716/- plus interest has been deposited by them even prior to the issue of show cause notice dated 17.10.2008. In this view of the matter, he prays for allowing their appeal with consequential benefits and the penalty imposed be set aside. 7. Ld. Authorised Representative for Revenue relies on the impugned order. 8. Having considered the rival conte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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