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2018 (5) TMI 1679

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....rs, with regard to getting the vehicle registered with the RTO and to cover other minor expenditures relating to such activity, the appellant are collecting some amounts from the customers. The amount charged for such facilitation is in lump-sum manner and no headwise expenditure is being shown by them. The fact of the matter is that after bearing the expenditure for registration of the vehicles with the RTO and other minor expenses relating to the registration some amount get saved with the appellant and this amount is duly accounted for, in their financial accounts. The Department is of the view that the amount as retained by the appellant on account of RTO handling charges is liable to service tax under Business Auxiliary Service. The Co....

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.... submission the said amount for registration of the vehicle of the client received from the purchaser. It is his submission that Service Tax liability and the interest on the amount of business commission, penalties shall be imposed as per the law. 5. We have considered the submissions made by both sides and perused the records. 6. As regards the Service Tax liability on the amount received as commission from financial institution and other institutions the same is covered by the Larger Bench decision of this Tribunal in the case of Pagariya Auto Centre (supra) in favour of Revenue. Since appellant is not disputing tax amount and he has already discharged, we uphold the tax liability with interest. As regards the Service T....

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....s Auxiliary Service" means any service in relation (19) to, - (i) promotion or marketing or sale of goods produced or provided by or belonging to the client; or (ii) promotion or marketing of service provided by the client; or (iii) any customer care service provided on behalf of the client; or (iv) procurement of goods or services, which are inputs for the client; or Explanation. - For the removal of doubts, it is hereby declared that for the purposes of this sub-clause, "inputs" means all goods or services intended for use by the client; (v) production or processing of goods for, or on behalf of the client; or (vi) provision of service on behalf of the client; or (vii....