TMI Blog2018 (1) TMI 59X X X X Extracts X X X X X X X X Extracts X X X X ..... TAT, NEW DELHI] wherein it was held that no service tax will be payable on similar sale of mutual fund units - no service tax will be payable on such commission received during the period 01/07/2003 to 30/06/2004 during which the appellant will be eligible for the benefit of exemption N/N. 13/2003-ST dt. 0/06/2003 - Appeal allowed. - ST/95/2007-DB - 22946/2017 - Dated:- 4-12-2017 - Shri S.S Gar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Notification No.13/2003-ST dt. 20/06/2003 which granted exemption to the business auxiliary services provided by a commission agent. The notification also had an explanation to the effect that commission agent means a person who causes sale or purchase of goods, on behalf of another person for a consideration which is based on the quantum of such sale or purchase. The demand of service tax w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The learned AR justified the impugned order. 5. After perusal of the records as well as the decision of the Tribunal in the case of P.N. Vijay Financial Services P. Ltd.(supra), we note that in this case, identical issue of leviability of service tax on the commission earned by sale of mutual fund units had come up before the Tribunal and the Tribunal observed as follows:- 8. In any v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tual fund schemes during the relevant period. By following the decision of the Tribunal in the above case, we come to the conclusion that no service tax will be payable on such commission received during the period 01/07/2003 to 30/06/2004 during which the appellant will be eligible for the benefit of exemption Notification No.13/2003-ST dt. 0/06/2003. 6. In view of the above, the impugned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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