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    <title>2012 (5) TMI 444 - CESTAT, DELHI</title>
    <link>https://www.taxtmi.com/caselaws?id=213607</link>
    <description>CESTAT, Delhi held that the appellant&#039;s activities for a financing bank-collecting documents, preparing profiles, and facilitating assessment of borrowers-constituted taxable Business Auxiliary Service to the bank, not to borrowers. The SCN dated 22.8.2006 covering 1.7.2003-31.3.2005 was held within limitation, as time ran from the department&#039;s knowledge on 20.1.2005, making adjudication not time-barred. The amendment by Finance Act 2004 and related notification did not grant immunity, as the appellant served the bank under a quid pro quo arrangement and had no privity with borrowers. On penalty, CESTAT held that simultaneous penalties under ss. 76 and 78 would be harsh; penalty under s. 78 alone was sustained.</description>
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    <pubDate>Wed, 13 Jul 2011 00:00:00 +0530</pubDate>
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      <title>2012 (5) TMI 444 - CESTAT, DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=213607</link>
      <description>CESTAT, Delhi held that the appellant&#039;s activities for a financing bank-collecting documents, preparing profiles, and facilitating assessment of borrowers-constituted taxable Business Auxiliary Service to the bank, not to borrowers. The SCN dated 22.8.2006 covering 1.7.2003-31.3.2005 was held within limitation, as time ran from the department&#039;s knowledge on 20.1.2005, making adjudication not time-barred. The amendment by Finance Act 2004 and related notification did not grant immunity, as the appellant served the bank under a quid pro quo arrangement and had no privity with borrowers. On penalty, CESTAT held that simultaneous penalties under ss. 76 and 78 would be harsh; penalty under s. 78 alone was sustained.</description>
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      <pubDate>Wed, 13 Jul 2011 00:00:00 +0530</pubDate>
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