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2014 (9) TMI 672 - HC - Service TaxClassification - billing and accounting work executed by the assessee - Business Auxiliary Services (BAS) or Support Service of Business or Commerce (SSBC) - Held that:- Section 65(104c) of the Finance Act, 1994 defines “Support Service of business or commerce” to mean services provided in relation to business or commerce including inter alia accounting and processing of transactions, infrastructural support services and other transaction processing. In view of the definition of the expression ‘Support Service of business or commerce’ under Section 65(104c) of the Act, we are satisfied that the interpretation of the provision and application of the said provision to the transactions of the respondent-assessee is a fair view of the provision and calls for no interference. Section 65(104c) of the Act has been brought within the Service Tax net as “Support Service of business or commerce”, by the Finance Act, 2006 with effect from 1-5-2006. The transaction in question relates to the period 1-7-2003 to 30-9-2006. In the circumstances the Tribunal has rightly held that these transactions of the respondent-assessee, since they fall within support service of business or commerce are not liable to the charge of Service Tax for the period anterior to the incorporation of clause (104c) in Section 65 of the Finance Act, 1994 i.e., prior to 1-5-2006. - Decided in favor of assessee.
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