TMI Blog2015 (10) TMI 2000X X X X Extracts X X X X X X X X Extracts X X X X ..... no way was involved in distribution of mutual fund; service rendered was covered under BAS – Contention of Appellant that it was under bona fide belief that it was not liable to service tax is totally untenable – Demand confirmed invoking extended period of limitation - Decided against the assessee. - Application No.ST/STAY/60470/2013-CU[DB], Appeal No.ST/59758/2013-CU[DB] - Final Order No.53013/2015 - Dated:- 7-9-2015 - Mr. G. Raghuram, President And Mr. R.K. Singh, Member (Technical) Mr. Vishal Kumar, Advocate : For the appellant Ms. Suchitra Sharma, DR : For the respondent ORDER Per Mr. R.K. Singh : Stay application along with appeal has been filed against Order-in-Appeal dated 24.06.2013, which upheld the Ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ution per se. (iii) It cited the judgement of CESTAT in the case of Foto Flash Vs. CST, Bangalore [2008 (9) STR 462 (Tri. Bang.)] to state that if the main contractor discharges the service tax liability, there is no need for sub-contractor to pay the service tax. It also cited the judgement of CESTAT in the case of Synergy Audia Visual Workshop Pvt. Ltd. Vs. CST [2008 (10) STR 578] and some other familiar judgements with regard to non-invocation of extended period in the absence of wilful mis-statement/suppression of facts stating that it was under bona fide belief that it was not liable to service tax. 3. Ld. Departmental Representative, on the other hand, stated that the appellant was not a distributor of mutual fund or an agent of su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... required them to also follow code of conduct as recommended by AFMI. It has since been decided in consultation with AMFI that all intermediaries engaged in selling and marketing of mutual funds units (distributors, agents, brokers, sub-brokers or called by any other name, whether individuals or of any other organisation structure) shall be registered with AMFI by March, 31, 2003. Such registration shall be subject to passing of certification examination and adherence to guidelines as specified by SEBI and AMFI from time to time. Thus, the appellant was not distributor of mutual fund or agent thereof. It was only promoting and marketing the services provided by M/s. Zealous Financial Services (P) Ltd. It was in no way involved in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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