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TMI Blog2015 (3) TMI 788X X X X Extracts X X X X X X X X Extracts X X X X ..... ran And B L Narasimhan, Advs. For the Respondent : Mr B Balamurugan, AC (AR) ORDER Per: D N Panda: It is explained on behalf of the appellant that crates and bottlers which carry the soft drinks are subjected to charge of rent by the appellant without being a financial company. It does not satisfy the requirement of definition of "banking and other financial services" as defined by section 65 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also perused the citations made by the appellant to test the facts of the case in the light of the above said order. There appears no difference at all in the facts what that was covered by the cited decision to hold that present case is a different case. Therefore, the authority misconceiving the appellant to be financial company to tax the appellant does not arise. For convenience of reading pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... blic limited company. But what is required to be examined is whether such a limited company has provided financial services. 7. The facts on record suggest that Banswara Syntex Ltd. is not engaged in leasing business to be called a corporate body providing financial service. Finding the present appellant not engaged in lease finance, bringing the appellant to the fold of tax under Section 65(12)( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Finance Act, 1994 which came into force w.e.f. 16-5-2008. Finding that there was no law to tax the transfer of right to use movables before 16-5-2008, even on such count also, the appellant is excluded from the purview of law." The facts in dispute are similar in appeals as at Sl.No.75 to 78 of the cause list. But so far as appeal No.ST/711/2010 listed in Sl.No.79 of the cause list, it is brou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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