2017 (4) TMI 505

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..../06/2014-ST dated 14.10.2014 issued by the Respondent No.3 is without jurisdiction, is ultra vires the Finance Act, 1944, and is of no effect and accordingly, set aside the same;   (b) that this Hon'ble Court be pleased to issue a Writ of Certiorari or a writ in the nature of Certiorari or any other writ, order or direction under Article 226 of the Constitution of India calling for the records pertaining to the petitioners case and after going into the validity and legality thereof to quash and set aside the impugned Circular No.180/06/2014-ST dated 14.10.2014 issued by the Respondent No.3 to the extent it levy's service tax on consideration received by the agents for rendering service to an overseas entity." 2 The petitioner....

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....nance Act, 1994 (32 of 1994). This exemption was given because of the generally prevalent practice of non-levy of Service Tax on the services provided by the Indian Bank or other entity acting as an agent to the [MTSO], in relation to remittance of foreign currency from outside India to India even though this services was liable to service tax, which was not being paid according to the said practice." 9 The justification that is provided in the subsequent paragraph is that the circular was issued only to clarify the legal position. 10 Mr. Shah appearing for the petitioners contends otherwise. He would submit that though the entire sequence of transactions in remittance of money from the overseas customer through the MTSO route never attra....