YRG SERVICES Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) APPLICANT filed these applications for waiver of pre -deposit of total amount of Service tax of Rs. 1,80,676/ - and penalties. The demand is confirmed after treating the applicant as provider of Business Auxiliary Service.

(2.) The applicants are engaged in arranging finance/loans for their customers from banks and financial institutions and in return receive commissions from the banks for promoting the loans and finance scheme.

(3.) WE find that this issue is already settled by the Tribunal in the case of Malpani Finance v. Commissioner of Central Excise, Bhopal reported in 2008 (10) S.T.R. 300 (Tri. -Del.) and in the case of Commissioner of Central Excise, Jaipur v. R.S. Financial Services reported in 2008 (9) S.T.R. 231 (Tri. -Del.), we find that in similar situation, the Tribunal held that the assessee is providing Business Auxiliary Service to the banks for consideration, therefore, is liable to pay Service tax as provider of Business Auxiliary Service.