2020 (6) TMI 418

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....Shri P.K. Mittal, Advocate for the Appellant Shri H.S. Brar, Authorised Representative for the Respondent ORDER PER ASHOK JINDAL: The appellant is in appeal against the impugned order wherein service tax demand has been confirmed on the presumption that the appellant has earned for executing corporate gaurantee in favour of their sister concerned, therefore they are liable to pay servi....

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....ding corporate guarantee to various banks on behalf of their associates. Further, the appellant has also collected certain charges on account of prime location of the flats and other relevant charges from the flat owners but did not pay service tax, thereon, on pointing out by the Revenue, the appellant paid entire amount of service tax along with interest. Later on, a show cause notice was issued....

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....ant. Moreover, the demand raised in the show cause notices are on the basis of assumption and presumption presuming that their associates have received the loan facilities from the financial institution at lower rate, therefore, the differential amount of interest is consideration, but there is no such evidence produced by the revenue on that behalf. In that circumstances, we hold that the appella....