2009 (4) TMI 130

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....SM(BR) dt. 17.4.2009 certified on 29.6.2009 in Appeal No. ST/203/2008) Shri Tushar Agarwal, Adv. for Appellant. Shri R.K Verma, DR for Respondent. Per P.K. Das : Learned Advocate submits that the appellants were arranging loan on behalf of financial institutions and receiving commission thereon. He submits that there was doubt regarding levy of tax on commission received by the automob....

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....Section 75A, 76, 77 & 78 of the Finance Act, 1994 are not sustainable. He relied upon the following decisions of the Tribunal:- (a) Modern Machinery Store vs. CCE, Jaipur-I, reported in 2008 (88) RLT 120 (CESTAT-Del.) = 2008 (12) S.T.R. 162 (Tri.-Del); (b) Vipul Motors (P) Ltd. vs. CCE, Jaipur-I, reported in 2008 (84) RLT 329 (CESTAT-Del.) = 2008 (9) STR 220 (Tri.-Del.). 2. Learned D.R. r....

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....ng service to different customers who were purchasing vehicles by getting loan from financial institutions and the appellants were receiving commission on the loan arranged by them. It is seen that the appellants paid the tax in December, 2004 partly. There is no mala fide on part of the appellants and, therefore, imposition of penalty under Section 78 of the Finance Act, 1994 is not warranted. It....