2017 (10) TMI 347

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..... sp; (AC) AR : For the Respondent ORDER The appellant is a Bank and is engaged in providing 'Banking and other Financial Services'.  On scrutiny of accounts, it was found  that from September 2004 to April 2006 they have collected service charges for the services provided by them but have not discharged the service tax liability.  Further that they had not disclosed the full and co .....

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..... missioner (Appeals) did not consider this ground stating that appellant did not raise this plea before the adjudicating authority and raised it for the first time before Commissioner (Appeals).  She pleaded to set aside the penalties also. 3.    The Ld.AR Shri.R. Subramanian reiterated the findings in the impugned order.  He submitted that the appellant had not raised the .....

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..... ges, Folio charges.  Out of this, the exchange profit received from FEDCO may fall under charges received for money changing.  This fact has to be verified for which the matter requires to be remanded.  The plea being a legal plea and also as per Circular of the Board, the benefit cannot be denied to the assessee.   We therefore are of the view that the matter requires to .....

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