The CESTAT dismissed the Revenue's appeal challenging the denial...

The CESTAT dismissed the Revenue's appeal challenging the denial of service tax on "commodity income" recorded as Other Income in the audited balance sheet. The Department failed to produce any documentary evidence establishing that the income was earned as commission for providing taxable business auxiliary services. The tribunal held that mere assumptions by the Department without substantiation cannot convert trading income into service consideration liable to service tax. The adjudicating authority's findings that the "commodity income" does not attract service tax under the business auxiliary service category were upheld as legally sound and unassailable. Consequently, the demand for service tax on such income was quashed, affirming the appellant's entitlement to exclude this income from the taxable service ambit.

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