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2018 (10) TMI 902 - HC - Service TaxLiability of service tax - Chit transaction - Amendment to sub-section (44) of Section 65B of the Finance Act in 2015 - Revenue contends that the amendment is merely clarificatory in nature and would be applicable from 2012 onwards - Held that:- The amendment made in 2015 cannot be said to be clarificatory and there can be no retrospective operation given to such amendment. The legislature felt the need for inclusion of the transactions within the fold of service and hence amended the Finance Act, 1994 by Finance Act, 2015. As a corollary it has to be understood that it was not taxable prior to the amendment. The assessees claim refund of the amount already paid on demand made by the authorities - The matter will have to be considered, especially, looking into whether the tax was collected from individual subscribers and if so collected, whether there could be any refund effected - appeal allowed by way of remand.
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