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TMI Blog2009 (2) TMI 146X X X X Extracts X X X X X X X X Extracts X X X X ..... MEMBER and T.K. JAYARAMAN, TECHNICAL MEMBER Ms. Sudha Koka for the Appellant. Rammesh Subramanian for the Respondent. ORDER M.V. Ravindran, Judicial Member .- This appeal is directed against the Order-in-Appeal No.1/2006-CE dated 27-1-2006. 2. The relevant facts that arise for consideration are the respondent is a partnership firm engaged in providing marketing various financial products and schemes of M/s. Kotak Mahindra Primus Ltd. who engaged in the business of providing commercial vehicle finance. The responsibility of the respondents (as indicated in SCN) is to identify the prospective borrowers and perform credit appraisal for which they are paid remuneration by M/s. Kotak Mahindra Primus Ltd. The services rendere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of M/s. Kotak Mahindra Primus Ltd., and the said activity is liable for service tax under the category of "Business Auxiliary Services" which was taxable from 1-7-2003. The exemption Notification No. 25/2004-ST. dated 10-9-2004 seeks to exempt certain services with effect from 10-9-2004 only. The service impugned in this case was provided by the assessee during the period from 1-7-2003 to 31-8-2004. As such the Notification No. 25/2004-ST. dated 10-9-2004 cannot apply to the assessee's case. Further, the activity of the assessee is also not covered under Notification No.13/2003-ST dated 20-6-2003 as the assessee was not engaged in sale and purchase of goods but sale of services', which is beyond the ambit of Notification No.13/2003-ST, dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s as follows:- "Services provided to a customer by anybody corporate or commercial concern, other than a banking company or financial institution including a non-financial banking company in relation to banking and other financial services. 6.2 The adjudicating authority held that the said para is applicable to Banking and Financial Services and not Business Auxiliary Services. This interpretation is not correct, On plain reading of the said para, it is very clear that this para covers services provided to a customer by anybody corporate or commercial concern in relation to banking and other financial services. Kotak Mahindra Primus Limited is engaged in providing finance for commercial vehicles which is a financial service and appell ..... X X X X Extracts X X X X X X X X Extracts X X X X
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