Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2014 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (3) TMI 228 - AT - Service TaxDenial of refund claim - Business Auxiliary Services - Eligible for the benefit of Notification No. 13/2003-S.T. - Held that:- The lower appellate authority has come to the conclusion that the appellant is eligible for benefit of Notification No. 13/2003-S.T. as mutual funds are goods as defined in Section 65(50) of the Finance Act. However, the said order does not take into account the amendment made to the said notification vide Notification No. 8/2004, dated 9-7-2004. Vide Notification No. 8/2004, the scope of exemption has been restricted to the services rendered by a Commission Agent in relation to the sale or purchase of agricultural produce. In other words, in respect of Commission Agent dealing with mutual funds, the benefit of Notification No. 13/2003 would apply only for the period prior to 9-7-2004. Since in the present case, the refund pertains to the period July, 2003 to September, 2004 as mentioned in the show-cause notice, it has to be held that for the period from 9-7-2004 to September, 2004, the benefit of Notification No. 13/2003 would not be available to the appellant and therefore, if any service tax has been paid on services rendered during the said period, the appellant will not be eligible for the benefit of refund. Appellant is eligible for refund of Service Tax period prior to 9-7-2004 in accordance with law. However, for the period subsequent to 9-7-2004, the appellant would not be eligible for any refund. Therefore, we remand the matter back to the original adjudicating authority to consider afresh the appellant’s claim for eligibility to refund in respect of the Service Tax paid for the period 9-7-2004 to September, 2004 after giving a reasonable opportunity to the appellant of being heard - Decided in favour of Revenue.
|