2007 (11) TMI 181

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..... ch they are being paid by ICICI – since bank is not receiving any amount from assessee as franchisor so impugned amount received by them is taxable under Business Auxiliary Services – Penalty not justified as there is no suppression - ST/52/2006 - A/1867/KOL/2007 - Dated:- 2-11-2007 - Dr. Chittaranjan Satapathy, Member (T) and Shri D.N. Panda, Member (J) [Order per: Chittaranjan Satapathy .....

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..... Para 6.2 thereof for which they are being paid by ICICI. Hence we are of the view that the impugned amount received by them is taxable under the category of Business Auxiliary Services under 19 (ii) of Section 65 of the Finance Act, 1994. Since ICICI, the franchisor is not receiving any amount from the Respondents, the franchisee, the question of sub-section 105 (zze) being attracted in the presen .....

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