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2018 (8) TMI 699

has clarified that service is leviable on the taxable services provided irrespective of status of the consumer of service - Held that:- The appellants are working as an agent of RBI in the discharge of sovereign functions, therefore, whatever exemption is applicable to RBI, that should also be applicable to the appellants who are working as an agent in the discharge of statutory/sovereign function .....

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eiving agency commission at the rates notified by RBI, on per transaction basis, in respect of receipts or payments made, on behalf of the Government of India. It was alleged that the services provided by the appellant to the RBI amounted to providing a taxable service under the Banking and other Financial Services which was taxable from 10.09.2004. The Department issued a SCN to the appellants. I .....

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of bank accounts under the category of Banking and Other Financial Services . There is no customer/client relationship between the bank and the Government. The services rendered by the bank are statutory function carried out on behalf of the Government therefore not liable to Service Tax. The learned Commissioner failed to appreciate the fact that the services were exempted by Notification No. 6/2 .....

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issue in the case of State of Madras Vs. Cement Allocation Co-ordinating Organization- 1971 (2) SCSS/587 & Manu/SC/0636/1997 as quoted by the learned counsel for the Chartered Accountant would be applicable to the facts and the circumstances of the case . The Hon ble Tribunal observed that the observations of the Hon ble Supreme Court make it clear that exemption available to the principal wo .....

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arely covered by the above judgment; therefore, we have no doubt in holding that the appellants are working as an agent of RBI in the discharge of sovereign functions, therefore, whatever exemption is applicable to RBI, that should also be applicable to the appellants who are working as an agent in the discharge of statutory/sovereign functions. 7. In view of the above, we set aside the impugned o .....

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