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2011 (2) TMI 320

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..... they had to pay in foreign currency and HDFC recovered from them, in addition to the exact value of the goods in foreign currency, 3.5% towards what they called “margin of profit” - BOFS include “credit card services” provided by a banking company like HDFC - Decided against the assessee by way of direction to the appellant to pre-deposit the amount of Rs.74 lakhs within four weeks and report comp .....

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..... pplication seeks waiver of pre-deposit of stay and recovery in respect of this amount (Rs.74 lakhs) approx.) as well as in respect of the penalty imposed on the appellant. The interest on service tax and education cess worked out by the adjudicating authority also stands paid. At present, the issue debated before us is whether the appellant-bank is liable to pay service tax amounting to Rs.74 lakh .....

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..... r service rendered by the bank to their own card holders abroad. In this connection, we have come across the definition of BOFS under section 65(12) of the Finance Act, 1994. BOFS include credit card services provided by a banking company like HDFC. The appellant through their Consultant has made an endeavour to show that the above profit margin cannot be reckoned as value of credit card servic .....

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