TMI Blog2018 (5) TMI 825X X X X Extracts X X X X X X X X Extracts X X X X ..... ispute is no more res-integra, in view of the decision of this Tribunal in the case of M/s. Dileep Industries Pvt. Ltd. vs. CCE, Jaipur [2017 (10) TMI 1231 - CESTAT NEW DELHI], where it was held that while exporting their goods, they lodged their bills for collection to the Indian Bankers who in turn send the same to the foreign banks. The foreign banks while remitting the money to the Indian Bank ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e sale proceeds of such exported items, through proper and approved banking channel. Against the bills issued by the appellants, the foreign buyer instructed their banker to remit the amount as indicated in the invoice, in favour of the appellant. The transaction between foreign Bank and the appellant s Bank is either direct or facilitated by an intermediary bank. For providing such services, eith ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elhi. The relevant paragraphs in the said decision are extracted herein below:- 4. After hearing both the parties and on perusal of record, it appears that the first issue is pertaining to the collection charges of the Indian bankers who in turn send the same to the appellant for collection to the foreign bankers. The department has demanded ₹ 2,37,087/- from the appellant. From the reco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ING Vyasa Bank who had paid the charges to the foreign bank. In view of this, the appellant cannot be treated as service recipient and no service tax can be charged under Section 66A read with Rule 2 (1)(2)(iv) of the Service Tax Rules, 1994. Moreover, we also find that in appellants own case for the previous period similar order had been passed by the original adjudicating authority and on appea ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
