Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2024 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2024 (2) TMI 83 - AT - Service TaxLevy of service tax - banking and other financial services - amount deducted by the foreign banks towards banking charges - HELD THAT:- This Bench of the Tribunal in the case of M/S. KADRI MILLS (CBE) LTD. VERSUS COMMISSIONER OF GST & CENTRAL EXCISE, SALEM [2023 (8) TMI 1149 - CESTAT CHENNAI], relied upon by the Ld. Advocate, has, while analysing an identical issue, held Section 65(105)(zm) of the Finance Act, 1994 falls under Rule 3(iii) of Taxation of Services (Provided from Outside India and Received in India) Rules, 2006. To attract this provision, services must be received in India. In the instant case, no services are received in India. Therefore, it is not a taxable service. In view of the above decision of this Bench in M/s. Kadri Mills (CBE) Ltd., there are no merit in the demand raised in the case on hand, for which reason the impugned order deserves to be set aside. Appeal allowed.
|