TaxTMI 
TaxTMI 
2017 (8) TMI 709
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....re collecting leasing rental charges from them. Department was of the view that such leasing rental charges collected would fall under the category of Banking and Other Financial Services and that appellants are liable to pay service tax on such charges, for the period from 16.8.2002 to 31.10.2004. A show cause notice was issued raising the above allegations and after due process of law, the original authority confirmed the demand of service tax of Rs. 2,32,158/- along with interest and imposed equal penalty besides imposing penalty under section 76 of the Act. In appeal, the Commissioner (Appeals) upheld the same. Hence this appeal. 2. On behalf of the appellant, learned counsel Ms. Minchu Mariam Punnose submitted that the activity of lea....
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....nly and the leasing of ATM would not fall under Banking and Other Financial Services. 3. Against this, learned AR Shri K.P. Muralidharan reiterated the findings in the impugned order. He referred to the various clauses in the agreement and submitted that the appellant has entered into an equipment lease agreement with the bank for five years. In the agreement, appellant is the lessor and the bank being the lessee, the bank has to pay to the appellant management fee which is equivalent to 1% of the lease transaction value and also monthly rental. That these would sufficiently show that the activities would fall under Equipment Leasing and Financial Services which is taxable under the Banking and Other Financial Services. 4. Heard both side....
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....t period. Service Tax was also been charged on cash replenishment and customer care under the category of Business Auxiliary Services . We find that the ATM service as a separate category of service has been introduced only with effect from 1-5-2006. The definition of ATM services is as follows : "Section 65(9b), automated teller machine operations, maintenance or management service means any service provided in relation to automated teller machines and includes site selection, contract of location, acquisition, financing, installation, certification, connection, maintenance, transaction processing, cash forecasting, replenishment, reconciliation and value-added services. Section 65(105)(zzzk), for the purpose of ATM [operations, maintena....