TMI Blog2008 (10) TMI 145X X X X Extracts X X X X X X X X Extracts X X X X ..... ill not be attracted under the category of ‘Business Auxiliary Services’ under the shelter of exemption Notification No. 13/2003-S.T - appellant’s submission is that they are sub-agent and the Service Tax liability has been discharged by the principal - Both these pleas are required to be verified by the Original Authority and also the Original Authority has to verify regarding the applicability o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion is that there was sale of goods and not sale of mutual funds and no services were rendered directly to the client. They also submitted that Service Tax cannot be confirmed in the present case as sale of mutual funds will not be attracted under the category of 'Business Auxiliary Services' under the shelter of exemption Notification No. 13/2003-S.T. as held by Delhi Bench in the case of CST, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... present case. She submits that evidence produced now was not before the Original Authority with regard to the submission made by them pertaining to sale of goods and not mutual funds. She also submits that the citation referred to does not hold that sale and purchase of mutual funds are covered under Business Auxiliary Services but exempted under Notification No. 13/2003-S.T. It is the submission ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... impugned order is set aside and the matter is remanded to Original Authority to consider all the pleas of the appellant with regard to non-leviability of Service Tax in respect of sale of mutual funds as well as sale of goods as submitted by them. The appellants shall produce all the evidence so relied now before the Original Authority to support their claim that they have arranged sales to variou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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