2015 (4) TMI 429

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....ealer of motor vehicles and was facilitating customers to avail loan for purchase of vehicles from the reputed banks/financial institutions and was getting an amount as commission/incentive of the total amounts of loan disbursed from the said banks/financial institutions. Revenue authorities are of the view that the appellant/assessee is required to discharge the service tax liability on this amount under the category of "Business Auxiliary Services" with effect from 01/07/2003. Show-cause notices were issued to the appellant/assessee. Appellant/assessee contested the issue on merits as well as on limitation. The adjudicating authority did not agree the contentions raised and confirmed the demands with interest and imposed penalties. In the....

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....entire service tax liability. He draws our attention to the findings recorded by the adjudicating authority. It is his submission that appellant had not intimated the department regarding the activities undertaken by them as to receipt of commission from the banks/financial institutions. He would submit that the activities very clearly fall under the category of business auxiliary services inasmuch as the appellant is promoting the business of banks/financial institutions. As regards the appeal filed by the Revenue, it is his submission that the adjudicating authority has imposed penalty of Rs. 100/- per day under Section 76 of the Finance Act, 1994 while the said section specifically provides for imposition of penalty of Rs. 200/- per day ....