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2009 (2) TMI 146

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..... d. who engaged in the business of providing commercial vehicle finance. The responsibility of the respondents (as indicated in SCN) is to identify the prospective borrowers and perform credit appraisal for which they are paid remuneration by M/s. Kotak Mahindra Primus Ltd. The services rendered by the appellants falls within the Business Auxiliary Services. The appellants have been discharging service tax liability on the service provided by them from 10-9-2004 onwards. A show-cause notice was issued to the respondents demanding duty on the service rendered by them from 1-7-2003 to 31-8-2004 on the ground that the respondents are liable to pay service tax from 1-7-2003 to the day the impugned services was brought into tax net. In reply to t .....

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..... ot apply to the assessee's case. Further, the activity of the assessee is also not covered under Notification No.13/2003-ST dated 20-6-2003 as the assessee was not engaged in sale and purchase of goods but sale of services', which is beyond the ambit of Notification No.13/2003-ST, dated 20-6-2003. 5. Learned consultant appearing on behalf of the respondent would submit that the impugned order is correct and relies upon the exemption Notification No. 25/2004, dated 10-9-2004. It is his submission that the services provided by the respondent would not fall under the category of "Business Auxiliary Services". It is also his submission that the issue now covered by the decision of this Bench in the case of NCR Corpn. India (P.) Ltd v. CST [200 .....

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..... covers services provided to a customer by anybody corporate or commercial concern in relation to banking and other financial services. Kotak Mahindra Primus Limited is engaged in providing finance for commercial vehicles which is a financial service and appellants are providing service to M/s. Kotak Mahindra Primus Limited. The services rendered by the appellants are squarely covered under para (e) of the notification. If the service is rendered by one banking or financial institution, to other banking and financial institution in relation to Banking and other financial services, then such activity is not covered by the said para (e) of the notification. It is also pertinent to note that the para (e) of the notification does not specify any .....

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