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2013 (9) TMI 467 - AT - Service TaxReverse Charge Mechanism - Banking and Other Financial Services (BOFS) - fee paid for issuance of bonds outside India - import of service - Section 66A - Held that:- It is not in dispute that the services provided by Silverdale were received by REL, and it cannot be gainsaid that the latter paid for the services by permitting the former to deduct their fees from the proceeds of the FCC Bonds. The limited case of REL is that the services were not received in India. They claim to have received the services outside India. Did they have any office or establishment in UK or elsewhere outside India to receive Silverdale’s services outside India? Through whom did REL maintain/operate the Escrow Account in London? The learned counsel could not give any convincing reply to these queries of ours. We are of the view that, for the ends of justice, the party should get an opportunity to discharge their burden of proof in fresh proceedings. In the instant case, it has also been contended by the assessee that the services provided by Silverdale do not fall within the scope of any of the various clauses of the definition of BOFS under Section 65(12) of the Finance Act, 1994. It was so contended by the assessee in their reply to the show-cause notice also. But what appears from the impugned order is that this aspect was also not not examined by the learned Commissioner. This is another reason for de novo adjudication of the case. - matter remanded back.
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