Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2012 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (3) TMI 283 - AT - Service TaxWhether a co-operative society can be held to be liable for service tax in respect of providing banking and other financial services as covered by the expression "or any other body corporate, or any other person" used in sub-section 65 (105) (zm) and sub-section 65 (12) - Appellants rely on the section 2 (7) of the Companies Act 1956 that " body corporate" or "corporation" includes a company incorporated outside India but does not include a co-operative society registered under any law relating to co-operative societies - assessee contented the co -operative societies are already excluded from the expression "body corporate" so it cannot be brought in by another expression which is not specific to include co-operative society - The argument of the Ld AR for revenue is that a co-operative society will be covered by the expression "any other person", because such societies also are doing banking business like any other bank - Held that :- since the Co-operative societies are managed by simplified controls through different enactments does not mean that for taxing the services such societies would be on a different footing as compared to services provided by a company - Since no specific exclusion is made in Finance Act, 1994,bank run by a co-operative society will come within the scope of entry 65 (105) (zm) and 65 (12) during the relevant time- since adjudication order has imposed both penalty under section 76 and section 78 the penalty under section 76 was uphold and set side penalty under section 78 - Appeals of assess were rejected on the issue of liability for tax and held the society to pay tax.
|