Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2014 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (1) TMI 1372 - AT - Service TaxWaiver of pre-deposit of service tax - Penalty of equal amount under Section 78 - Banking and Other Financial Services - Out of pocket expenses - Held that:- Bulk of the amount relating to the dispute has been collected under the head “out of pocket expenses”. According to the learned Chartered Accountant, most of the amounts relates to postage/courier charges in relation to the various activities undertaken by them which were after the services of BOFS rendered and these activities should not be treated as part and parcel of the said service and, therefore the same were excludable. On a careful reading of the provisions of Section 65(12), Section 65(105)(zm) and the provisions of the Section 67 of the Finance Act, we are of the, prima facie, view that the services rendered by them cannot be held to be completed till the same is communicated to the concerned persons. Further, the question of giving effect to LC or payments based on the LC cannot be effected, without the communication through SWIFT - prima facie, that the appellant do not have a strong case in their favour - Partial stay granted.
|