CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL
SOUTH ZONAL BENCH
Appeal No. ST/92/2006
[Arising out of Order-in-Appeal No.93/2005-ST dt. 11.11.2005 passed by the Commissioner of Central Excise (Appeals), Coimbatore]
Commissioner of Central Excise, Coimbatore
Sakthi Finance Ltd.
Shri S. Govindarajan, AC (AR) For the Appellant
Shri Raghavan Ramabhadran, Advocate For the Respondent
Honble Shri D.N. Panda, Judicial Member
Honble Shri Madhu Mohan Damodhar, Technical Member
Date of Hearing / decision : 13.03.2017
FINAL ORDER No.40489/2017
Per D.N. Panda
Show cause notice does not show what is the service intended to be taxed.
2. Ld. D.R says that Revenue intended to tax 'refinancing service charges' received by the respondent under section 65 (105) (zm) of the Finance Act,1994 read with the definition of "Banking and Other Financial Services" provided by Section 65 (12) thereof. In absence of any foundation in the SCN, it is very difficult to agree with the Revenue to levy tax arbitrarily. Accordingly Revenue's appeal is dismissed.
(Dictated and pronounced in open court)
(Madhu Mohan Damodhar) (D.N. Panda)
Technical Member Judicial Member