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2016 (12) TMI 164 - AT - Service TaxDemand - printing services provided to bank - whether the printing service provided by the appellant to M/s. HDFC Bank Ltd during the period July, 2003 to March, 2004 falls under the category of Business Auxiliary Services Clause (iv) and liable for service tax? - Held that: - On careful reading of judgment in case of the Phoenix IT Solutions Ltd. [2014 (9) TMI 672 - Andhra Pradesh High Court] it is observed that in the said judgment more or less similar services such as spot billing, maintaining account etc were held to be classifiable as Business Support Service falling under Section 65(104c) of Finance Act, 1994 and not under Business Auxiliary Services. The Business Support Service became taxable w.e.f. 1-5-2006 therefore the appellant’s services being similar, more appropriately classifiable as Business Support Service and the same was not taxable during the period involved in the present case - demand of service tax on the printing service provided by the appellant is not taxable. Therefore demand of service tax and consequential penalty and interest are set aside. Whether input service credit in respect of service tax paid on the premium of insurance policies of employees is admissible in terms of Service Tax Credit Rules, 2002? - Held that: - It is observed that all the three insurance policies are for the employees of the appellant’s company. The issue whether this service are in or in relation to providing output service, has been considered in the judgments of the case of Commissioner of Central Excise, Bangalore-III, Commissionerate Versus Stanzen Toyotetsu India (P.) Ltd. [2011 (4) TMI 201 - KARNATAKA HIGH COURT], and it was held that the insurance of the employees is the service which is used in providing output service - the service tax credit in respect of insurance policy is admissible, hence following the ratio of the above judgment, we allow the service tax credit in respect of insurance policy. Appeal allowed - decided in favor of appellant-assessee.
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