9911796707
TMI Blog2010 (1) TMI 21X X X X Extracts X X X X X X X X Extracts X X X X ..... arned counsel for the appellant. This is an appeal under the Service Tax Act against the order of the Tribunal dated 17.04.2009 by which the Tribunal has set aside the penalty. The opposite party was acting as a agent, arranging the loan for the purchase of vehicle as a marketing agent from I.C.I.C.I. Bank and received commission from I.C.I.C.I. Bank. The Central Excise Authority, who was auth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perusal of the records, it appears that there was doubt regarding levy of tax on commission by the authorized automobile dealers which working as " directing marketing agent" of I.C.I.C.I. Bank for providing services to various customers for purchasing vehicles on loan, was clarified by the Board's circular dated 06.11.2006. In the present case, the appellants were engaged in providing service to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of tax was not disputed by them. Hence, it is a fit case to invoke Section 80 of the Act. Hence, penalty imposed on the appellant are set-aside. Demand of duty is upheld. Appeal is allowed with consequently relief." Sri Shambhu Chopra, learned counsel for the appellant submitted that under Section 80 of the Finance Act, 1984 the penalty can be waived only if the assessee proves that there was ..... X X X X Extracts X X X X X X X X Extracts X X X X
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