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TMI Blog2017 (12) TMI 962X X X X Extracts X X X X X X X X Extracts X X X X ..... the taxability of the amount received by the appellant from the banks and the non-banking financial companies - penalty dropped - appeal allowed - decided in favor of appellant. - ST/21123/2015-SM - 22815/2017 - Dated:- 17-11-2017 - Shri S.S Garg, Judicial Member None, For the Appellant Dr. Harish J, Deputy Commissioner (AR) For the Respondent ORDER Per:S.S GARG Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e and insurance against cars for which they were receiving commission from various banks and non-banking financial companies. They were also receiving commission/incentives from M/s. MUL under various heads for sales promotion. The allegation of the Department is that the appellants were canvassing their customers for car and marketing auto loan products of various banks and non banking financial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... used the grounds of appeal and the material on record. The appellant has stated in the grounds of appeal that the Commissioner (Appeals) has failed to appreciate the fact that there was certain confusion regarding the taxability of the amounts received from banks and non-banking financial companies as Business Auxiliary Services and this was clarify only by Circular No.87/05/06 dated 06.11.2006 an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pon by the appellant, I am of the considered view that the impugned order imposing the penalty under Section 78 is not sustainable in law. The appellant in this case paid the service tax along with interest before the issue of show-cause notice and there was a confusion regarding the taxability of the amount received by the appellant from the banks and the non-banking financial companies and vario ..... X X X X Extracts X X X X X X X X Extracts X X X X
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