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TMI Blog2016 (4) TMI 843X X X X Extracts X X X X X X X X Extracts X X X X ..... he applicable rate when they entered into contract with their client on hire purchase agreement - Held that:- by following the decision of this bench in appellant's own case on identical issue reported in [2014 (7) TMI 155 - CESTAT MUMBAI], the impugned order is unsustainable and set aside. - Decided in favour of appellant with consequential relief - Appeal No. ST/91/12-Mum - Order No. A/86651/16 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ire period of hire purchase agreement, while it is the case of the appellant that the Service Tax liability rate is considered on the date of entering into agreement with the client and the said Service Tax liability is factored in the EMI that is fixed for their client. Learned Counsel submits that the issue is no more res integra as this Bench in his own case vide Final Order No. A/192/14/CSTB/C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant's own case by an order dated 28.02.2014 for the earlier period held as under:- Heard both sides. The appellant filed this appeal against the impugned order. The brief facts are that the appellant is lease finance company and providing finance lease and under the category of Banking and Finance Service. The demand is confirmed on the ground that lease agreement entered by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on a finding of the lower authorities. 4. We find that this issue is settled by the order of the Tribunal in Art Leasing Ltd. (supra). The Tribunal held as under:- 5. The Banking and Financial Services came under The Service Tax net w.e.f. 16.07.2001. At that time, CBEC issued clarification to the effect that in respect of Hire Purchase Contracts entered prior to 16.07.2001 and insta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and allow the appeal with consequential relief, if any. 5. We find the ratio of the above decision is fully applicable in the facts of the said case. In view of the above, appeal is allowed and impugned order is set aside. 5. We find no reason to deviate from the view already taken by the Bench in the appellant's own case on identical issue. 6. Accordingly, we hold that the impu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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