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TMI Blog2007 (4) TMI 27X X X X Extracts X X X X X X X X Extracts X X X X ..... ness auxiliary service – Held that revenue contention is not correct - Appeal No. ST/26/2006 - Final Order No. 450/2007, - Dated:- 12-4-2007 - [Order per (Oral)]. - This appeal arises from Order-in-Appeal No. 103/2005 dated 21-10-2005. The financial institutions have taken a space from the appellant. The financial institutions also provide financial assistance to the customers of the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Finance Act. However the Notification No. 13/003 dated 20-6-2003 read with Notification No. 8/2004 dated 9-7-2004 grants exemption from payment of Service tax in respect of Commission Agents subject to certain conditions. It is submitted that the expression Commissioner Agent' in this Notification is defined to mean a person who causes sale or purchase of goods, on behalf of any another p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on such services would be payable on the gross amount received by the service provider. It is submitted that in the instant case, the financial corporation does not receive any consideration from the appellant but on the other hand financial institutions pays remuneration for occupying the table space at appellants premises. 3. The learned JDR submitted that financial institutions have been p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ontradicted. Therefore, mere fact of financial institutions being provided with space by the appellant and the appellant receiving some money for that lease of table space cannot be brought within the definition of Business Auxiliary Services . There is no merit in the impugned order and the same is set aside by allowing the appeal. (Pronounced and dictated in open Court) - - TaxTMI - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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