2011 (9) TMI 418

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... under the category of business auxiliary services - Held that:- The issue involved is of interpretation of the taxing entry and no mala fide or element of suppression or mis-statement can be attributed to the assessee hence, imposition of penalties are set aside. See Roshan Motors Ltd. vs. CCE, Meerut (2008 - TMI - 31834 - CESTAT, New Delhi)
Mrs.Archana Wadhwa, Mr.Rakesh Kumar, JJ. Present fo .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... appearing for the Revenue does not dispute the confirmation of the demand of service tax. Inasmuch as the issue stands decided by the various decisions of the Tribunal in the case of CCE vs. R.S.Financial Services reported in 2008 (9) STR 231 and also in the case of CCE vs. Chambal Motors reported in 2008 (9) STR 275, it stands held that arranging of vehicle loan from the financial institutions g .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... axing entry and no mala fide or element of suppression or mis-statement is involved and, therefore, imposition of penalty under Section 76,77 7 87 is not warranted is acceptable. In view of fact that the case involved interpretation of question of law, we hold that this is not fit case for imposition of penalty. Therefore, the penalties imposed are set aside." 5. As the Tribunal has held that the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X