2015 (2) TMI 1018

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..... 0) TMI 4 - SUPREME COURT OF INDIA], particularly in pargraph 20 and 37 (of the report) and the decision of this Tribunal in Commissioner of Service Tax, Delhi vs. M/s.Lufthansa Technik Services India Pvt. Ltd. reported in [2013 (12) TMI 968 - CESTAT NEW DELHI], the transactions do not amount to BAFS and equipment leasing of transactions between the assessee and its customers falls outside the ambit of financial leasing as defined in section 65 (12) read with Section 65 (105) (zm) of the Act. - strong prima-facie case in favour of the petitioner/ appellant. We therefore order waiver of pre-deposit in full and stay all further proceedings for realization of the adjudicated liabilities, pending disposal of the appeal - Stay granted. - Service .....

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..... to several subsidiary companies across the world including in India. In so far as BAS is concerned, the adjudication order confirmed service tax on the premise that the assessee received certain amounts towards subsidy / reimbursement of expenses incurred by it for advertisement, marketing, sale and promotion etc. of the holding company s products imported from Canon Singapore and this consideration is taxable under BAS defined under section 65 (19) read with section 65 (105) (zzb) of the Finance Act, 1994. In response to this allegation, assessee contended that since it purchased the products from the holding company and sources same of the products from other Cannon manufacturers across the world and the marketing/ advertisement expenses .....

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..... Merchant Ltd. reported in 2013 (29) STR 257. Insofar as BAFS is concerned, prima-facie and in view of the analysis in Association of Leasing and Financial Services Companies vs. Union of India reported in 2010 TIOL (87) SC-ST-CB, particularly in pargraph 20 and 37 (of the report) and the decision of this Tribunal in Commissioner of Service Tax, Delhi vs. M/s.Lufthansa Technik Services India Pvt. Ltd. reported in 2013- TIOL- 1041 -CESTAT-DEL, the transactions do not amount to BAFS and equipment leasing of transactions between the assessee and its customers falls outside the ambit of financial leasing as defined in section 65 (12) read with Section 65 (105) (zm) of the Act. 6. For the aforesaid reasons, we find a strong prima-facie case in .....

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