2013 (4) TMI 415

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....n Order in Appeal No. IND-I/71-73/2008 dated 31.03.2008. The Commissioner (Appeal) vide this impugned order has allowed the appeal filed by M/s Oracle Finance Services, M/s Balaji Finance Services and M/s Basera Finance (hereinafter referred to as respondents). 2. Brief facts of the case are that all the three respondents are acting as Sourcing Agent for their client M/s ICICI Home Loans Ltd. (hereinafter referred to as M/s ICICI). M/s ICICI is engaged in the business of financing loan for house. On the basis of investigation and statement recorded by the department it was found that respondents are acting a sourcing agent for their client M/s ICICI. Respondents are providing services by sourcing the persons to M/s ICICI and M/s ICICI are ....

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....fall under Business Auxiliary Service and fall under Business support services which came into existence with effect of 01.05.2006. He submits that Commissioner (Appeal) has wrongly placed reliance on the case of S.R. Kalyankrishnan Vs Commissioner of Central Excise Cochin reported in 2008 (9) S.T.R 255 (Tri.-Bang.). He relies on the following the decision of Tribunal    (i) S.K. Jalendra & Associates 2012 (26) S.T.R. 135    (ii) Brij Motors Pvt. Ltd. 2012 (25) S.T.R. 489 4. On going through case records we find that respondents are working as sourcing agent for ICICI and are sourcing persons to ICICI Bank for purpose of home loans. ICICI Bank in turn is paying fees per person as well as some Commission on home loan d....