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2017 (5) TMI 963 - AT - Service TaxReverse charge - banking and other financial services - maintenance and repair services - services received from foreign entities - Held that: - the provision of the service, the nature of the relationship between the overseas entity that purportedly received the service and the entity in India, and the manner in which the payment for service has, in effect, moved from the Indian entity be examined in detail as a prelude to crystallising the tax liability. A mere linking of the various segments of section 66A of FA, 1994 and the payment made by a remotely connected overseas entity which has entered into a distinct agreement with other overseas entities would not suffice to justify the levy of tax on reverse charge - In order to ascertain the liability to tax, pertaining to ‘banking or financial service’, it would be in the interest of justice the remand the matter back to the adjudicating authority to determine the tax liability after considering the various aspects - we exclude that portion of the demand pertaining to ‘maintenance or repair service’ which we have held to be without authority of law - appeal allowed by way of remand.
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