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2018 (8) TMI 563 - HC - Service TaxCommercial concern or not - demand of Service Tax - Whether, the Tribunal was justified in holding that the applicant is a commercial concern as per section 65(105)(zzb) of the Finance Act, 1944 and is liable to pay service tax for the period from 1.7.2003 to 1.3.2005 of ₹ 36,935/- whereas the appellant was working as an individual, in getting investments in mutual funds on commission basis? Held that:- Merely because the appellant has referred in the his address as Capital consultancy, even if it is a proprietor ship firm, it is an individual - the applicant will not be commercial concern in view of clause 65(105) (zzb) of the Finance Act, 1944. Appeal allowed - decided in favor of assessee.
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