2013 (12) TMI 262 - AT - Service Tax

Demand of service tax - Eligibility for exemption under Notification 25/2004 dated 10.09.2004 and 14/2004 dated 10.09.2004 - Business Auxilliary Service - Whether Respondents are promoting or marketing the services of financial institution or providing services on behalf of the client and are eligible for exemption under Notification 14/2004 and 25/2004 dated 10.09.2004 - Respondents is arranging loans from various financial institutions like LIC Housing, IDBI Bank and HDFC Bank. They are procuring customers for these institutions and get the loan sanctioned to these customers and in lieu of this service they receive the Commission from these institutions and this way they are promoting or marketing the services of these institution and are squarely covered under clause (ii) of definition of Business Auxiliary Service. Loans are sanctioned by the Financial Institutions only. It is not the case of Respondents that they are giving the loan amount to the customers and getting the same reimbursed from these Banks. Services provided by the Respondents can not be said to have been provided on behalf of the client and accordingly they also become ineligible for exemption under Notification 14/2004 and 25/2004 dated 10.09.2004 - Service tax demand confirmed - Decided in favor of Revenue.

Summary

Issues:
Interpretation of Business Auxiliary Service definition and exemption under Notification 14/2004 and 25/2004.

Analysis:
The appeal was filed by Revenue against an Order-in-Appeal passed by the Commissioner, Customs, and Central Excise, Chandigarh-II. The case involved M/s Pioneer Financial Services, registered for Business Auxiliary Service, not filing Service Tax Returns from 2004 to 2007. The Department issued a Show Cause Notice demanding Service Tax, interest, and penalties. The Deputy Commissioner confirmed a tax amount, interest, and imposed penalties. The Commissioner (Appeal) reduced the demand but upheld penalties under certain sections. The main issue was whether the Respondents were promoting services of financial institutions or providing services on behalf of the client and eligible for exemption under Notifications 14/2004 and 25/2004 dated 10.09.2004.

The definition of Business Auxiliary Service includes promotion or marketing of services provided by the client. The Respondents arranged loans from financial institutions, procured customers, and received commissions, thereby promoting these services. The Tribunal found that the Respondents were covered under clause (ii) of the definition of Business Auxiliary Service.

The Commissioner (Appeal) held that the Respondents were providing services on behalf of the client. However, the Tribunal noted that loans were sanctioned by financial institutions, not by the Respondents directly providing the loans. Therefore, the services were not provided on behalf of the client, making the Respondents ineligible for exemption under the mentioned Notifications.

The Tribunal set aside the Commissioner's finding and restored the Order-in-Original confirming the service tax, interest, and penalties under certain sections. The Tribunal did not interfere with the dropping of penalty under another section. Additionally, a calculation mistake in the demand amount was corrected, reducing the tax amount. The Revenue's appeal was allowed, upholding the decision in favor of the Revenue.

In conclusion, the Tribunal clarified the interpretation of Business Auxiliary Service and the eligibility for exemption under specific Notifications, ultimately ruling in favor of the Revenue in this case.