2008 (11) TMI 112

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..... of tax on BAS was new, consolidated penalty of Rs. 10,000/- upheld
Shri P.K. Das, Member (Judicial) Shri Rakesh Kumar, Member (Technical) (Final Order Nos. 439-440/2008-ST dt. 18.11.2008 certified on 12.1.2009 in Appeal Nos. ST/301 & 361/2007) Shri A.K. Dixit, Adv. for Appellant. Shri Fateh Singh, DR for Respondent. [Order per : Rakesh Kumar, Member (Technical)]. - Facts of the case, in brief, are that the appellants have taken service tax registration and are discharging service tax liability in respect of service being provided by them as authorized service station of General Motors. It was subsequently found that, in addition to their activity as authorized service station they were also engaged in arranging car loan from vario .....

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..... lant, under Section 76 of the Finance Act, 1994; penalty of Rs. 1,000/- on the appellant under Section 77 of the Finance Act, 1994 for their failure to submit their periodical returns in time, penalty of Rs. 500/- under Section 75A of the Finance Act, 1994 for their failure to include their 'Business Auxiliary Services' in the registration earlier taken by them and the penalty of Rs. 1,95,742/- imposed under Section 78 of the Finance Act, 1994 for suppression of value of taxable services. Against this Order-in-Review appeal No. ST/361/ 07 has been filed by the Appellant. Since both the appeals involve the same issue they were heard together. 2. Heard both sides. 2.1 Shri A.K. Dixit, learned Advocate pleaded that: (a) the appellants are c .....

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..... per the provision of Section 67 of the Finance Act, 1994, on the gross amount received by the assessee from banks for processing and recommending the loan applications. He pleaded that since the appellants did not apply on their own for addition of business auxiliary service in their registration certificate; service tax on the business auxiliary services being provided to the banks/financial institutions and the commission received from the banks/Financial Institutions was not disclosed in the returns filed by them, penalty under Section 75A, 76, 77 & 78 has been rightly imposed. 3. We have carefully considered the submissions from both sides. There is no dispute about the fact that the activity of the appellants i.e. arranging car loan f .....

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