2012 (12) TMI 36

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....Respondent. ORDER Mathew John, Technical Member - The appellants provided services of canvassing clients to ICICI bank for the purpose of increasing the business of loans to be extended by the bank to the customers. They received payments from ICICI bank towards commission for doing this service. On such amounts received the appellants paid service tax under the category of Business Auxil....

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.... did not receive the full amount shown by the ICICI bank in their books of account. Actually the difference has been paid back directly by the bank to the customers who availed the loan. Thus the gross value of service in dispute is in the nature of subvention from the commission payable to the appellant as accounted by the bank but paid to the customers to the bank. The appellant submits that the....

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....yment to the appellant as per the books of account of the bank. The payment to the customers has been made out of such payments due to the appellants and with the consent of the appellants and therefore as per the provisions of Section 67 of Finance Act, 1994 service tax should have been paid on the gross value of the services. 5. Considered arguments on both sides. Under Section 67 of Finance ....