COMMISSIONER OF CENTRAL EXCISE, LUDHIANA Vs. SUVIDHA FINANCE

JUDGEMENT

(1.) REVENUE came in Appeal being aggrieved by the first Appellate order holding that refund is admissible to the Respondent. Facts on record throws light that the Respondent was engaged by ICICI Bank Ltd. for sourcing customers to avail housing finance from ICICI, HFC. Revenue found that the Appellant was remunerated by ICICI, HFC in pursuance of the terms of understanding between the bank and the Respondent for the service provided to the Bank principal. With this background, Show Cause Notice was issued for the period from 1 -10 -2004 to 31 -3 -2005 asking the Appellant for discharge of Service Tax liability of Rs. 30,337/ - with other consequences of law to follow as a business promotion service provider.

(2.) THE ld. DR appearing for Revenue, supports the order of the Adjudicating Authority.

(3.) ON the other hand, ld. Counsel for Respondent submits that the Notification No. -S.T., dated 10 -9 -2004 is applicable to the Respondent for which the first Appellate decision is correct in law.