9911796707
TMI Blog2011 (8) TMI 199X X X X Extracts X X X X X X X X Extracts X X X X ..... bank, which would admittedly relate to the quantum of commission received by the assessee themselves. Inasmuch as neither of the authorities below have verified the commission amount stated in the TDS certificate, which we think would be the correct basis for arriving at the correct value of the services rendered by the appellants - matter remanded to examine the facts and details. - 525-526 of 2007 - - - Dated:- 25-8-2011 - Mrs.Archana Wadhwa, Mr.Mathew John, JJ. Present for the Appellant: Shri Z.U.Alvi,Advocate Present for the Respondent: Shri K.P.Singh, SDR PER: ARCHANA WADHWA After hearing the both sides, we find that the service tax stands confirmed against the appellants on the ground that they have provided ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the commission received by them from the banks varies from deal to deal and fixed commission. However, we do not find any merit in the above contention inasmuch as providing or not providing of the services to the banks is not dependent upon the quantum of commission being received by them. 6. It is further seen that the confirmation of the demand in the present case is on the basis of statement given by the banks indicating the gross payout. It is the contention of the appellants that the entire amount of commission is not received by them and part of the same goes to the customers directly from the banks. Learned Advocate has submitted that the gross payout indicated by the banks in their letter to the Revenue related to the tot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... given the commission to the customers the said amount cannot be included in the value of the services provided by the assessee to the bank. He submits that the above position would become clear from the TDS deducted by the banks from the earning of the appellants. 9. Countering the submission of the Advocate, learned SDR submits that as is clear from the allegation made in the show cause notice the gross amount of payout given by the banks to the appellants stands specified. It is his submission that it is the gross amount of payout paid to the appellant which is chargeable to service tax. 10. We note from the show cause notice as also from the impugned order passed by the authorities below that the problem has not been addressed fr ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
