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TMI Blog2007 (11) TMI 372X X X X Extracts X X X X X X X X Extracts X X X X ..... e. Even if is held that the appellant is giving money under the "Hire purchase Scheme" it is clearly seen that the Mumbai Bench "Hire purchase Scheme", it is clearly seen that the Mumbai Bench of the CESTAT in the case of Bajaj Auto Finance-[ 2007 -TMI - 1546 - CESTAT,MUMBAI] has clearly drawn a distinction between Hire purchase Service which is Taxable and Hire purchase Finance Service which is n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otice. After going through the investigation report and the relevant documents thoroughly the Assistant Commissioner of Central Excise dropped the proceedings against the appellants. However, the Commissioner of Central Excise after going through the Order-in-Original in terms of the power conferred him under Section 84 of the Finance Act 1994 held that the Order-in-Original is not legal and prope ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ged the impugned order. 3. Shri S. Ragu learned advocate appeared on behalf of the appellants and Shri K. Sambi Reddy Learned JDR for the Revenue. 4. We heard both sides. It is seen that the appellant actually lent finances to various persons for purchase of automobile and collect interest from the borrowers. He stated this is all what they are doing. Even though the private limited company wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the borrowers are not valid legal documents in terms of the "Hire purchase Act" and he held that the services rendered by them would not come within the category of Taxable services in terms of the Finance Act. But the learned Commissioner did not agree with the findings of the original authority. Hence he reviewed the order and passed the impugned order confirming the duty liability. 5. On a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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