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2014 (7) TMI 120 - AT - Service TaxExport of service - Business Auxiliary Service - business of money transfers - assessees had provided Business Auxiliary Service (BAS) to either the principal Indian agent, or wherever the assessees are the principal agent to the overseas entity which is in the business of money transfers - Commissioner deleted penalty u/s 76 - Held that:- There is no dispute that as a consequence of the ratio discernable from the judgement of the Larger Bench in Paul Merchant Ltd. principal agents and sub-agents of M/s Western Union Ltd. and similarly circumstanced foreign Money Transfer entities are not liable to service tax under provisions of the Act; since the services provided by these agents amounts to export of services and these are exempted from the levy of Service Tax under the Export of Service Rules 2005. As on date the decision of the Larger Bench in Paul Merchant Ltd. [2012 (12) TMI 424 - CESTAT, DELHI (LB)] is extant and operative and has not suffered any appellate eclipse - Decided in favour of assessee
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