2017 (7) TMI 95

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.... for the Respondent : Mr. Sanjay Jain, D.R. ORDER Per: B. Ravichandran The appeal is against order dated 05.08.2011 of Commissioner (Appeals-I), Jaipur. The appellants are engaged in arranging loan for various persons from money lenders. Basically they facilitate the arrangement of loan between money lender and borrower. They get certain consideration as brokerage from the borrowers of th....

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....e findings of the lower authorities. 3. We have heard both the sides and perused the appeal records. 4. The admitted facts of the case are that the appellants are engaged in facilitating the loan transaction between the lender and borrower. For this they get some brokerage amount from the borrowers. No consideration is paid by the money lender. We note that there is no allegation to the effe....

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....der section 65(19) of Finance Act, 1994. There is no force in the argument that rendering any activity that fall in section 65(19)(vii) would classify the appellant as 'commission agency' when section 65(19)(vii) can be invoked only in relation to the preceding sub-categories. 9. The case laws relied upon by the adjudicating authority stand on a different footing inasmuch as the providers there....

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....the appellant may indeed benefit the various empanelled financiers with increased business but the appellant is not in receipt of any consideration from any of them. To be a 'commission agent' the definition requires entities to 'act on behalf of another person and causes sale or purchase of goods, or provision or receipt of services, for a consideration'. In view of an equation that is devoid ....