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TMI Blog2015 (8) TMI 1006X X X X Extracts X X X X X X X X Extracts X X X X ..... r Bench in the case of Pagariya Auto Center vs. CCE, Aurangabad (2014 (2) TMI 98 - CESTAT NEW DELHI (LB)) is squarely applicable to the facts of this case. - Decided in favour of assessee. - Service Tax Appeal No. 1068-1069 of 2010 - Final Order No. 52199-52200/2015 - Dated:- 9-7-2015 - Mr. G. Raghuram, President and Mr. H.K. Thakur, Technical Member, JJ. For the Petitioner : Shri Ravindra Kumar Agarwal, Advocate For the Respondent : Shri B.B. Sharma, A.R. ORDER Per. H.K. Thakur :- These appeals have been filed by the appellant with respect to OIA No. 271-272/ST/APPL/KNP/2010 dated 20/05/2010. 2. Shri Ravindra Kumar Agarwal (Advocate) appeared on behalf of the appellant and argued that certain amounts were re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... loans to the customers a token amount is paid by the banks to the appellant in the shape of some incentive for allowing the bank officials to remain and use appellants space in their showroom. It is, therefore, the case of the appellant that they are not arranging any loans on behalf of the banks and the amount received by them cannot be taxed as a consideration under Business Auxiliary Services. 6. Appellant has relied upon the case law of Pagariya Auto Center vs. CCE, Aurangabad [ {2014} 42 taxmann.com 371 (Mumbai CESTAT) (LB). While deciding the issue CESTAT Larger Bench made following observations in para 8 and 11 which are reproduced below:- 8. The specific issue referred to this larger Bench, is, in our considered view, incoher ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s to financial institutions paying commission to the assessee for providing loan to their customers, who are secured through the efforts of the assessee and there was no record of the assessees efforts in having provided any such service to the financial institutions. It was held that mere presence of the financial institutions in the assessees premises and receiving a consideration for lease of table space, would not amount to BAS. This judgment is therefore not an authority for a principle that all transactions between an automobile dealer and bank/financial institutions, involving presence of such financial institutions in he premise of the dealer, would amount to BAS. There can be no dispute that mere providing of a table space in an as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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