Sunday, 19 March 2017 11:54

CESTAT Chennai : Commissioner of Central Excise, Coimbatore Versus Sakthi Finance Ltd. : 13th March, 2017

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CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL
SOUTH ZONAL BENCH
CHENNAI

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
Appellant

Versus

Sakthi Finance Ltd.
Respondent

Appearance:
Shri S. Govindarajan, AC (AR) For the Appellant
Shri Raghavan Ramabhadran, Advocate For the Respondent

CORAM :
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


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Additional Info

  • Date Range: Monday, 13 March 2017
  • Court/Authority: CESTAT
  • Tax Type: Service Tax
  • Petitioner/Appellant: Commissioner of Central Excise, Coimbatore Versus Sakthi Finance Ltd.
  • Respondent: Commissioner of Central Excise, Coimbatore Versus Sakthi Finance Ltd.
  • Appl no. or Appl year: Appeal No. ST/92/2006
  • Supreme Court Location: Delhi
  • CESTAT Location: Chennai
  • AAR Location: Delhi
  • Authority: Supreme Court
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