TMI Blog2021 (10) TMI 702X X X X Extracts X X X X X X X X Extracts X X X X ..... 7.2012 by virtue of negative list under section 66B of the Act was provided. It was held that the services which are not covered under the said list are taxable. Apparently, the services of DSA to Financial institute is not mentioned in the said negative list nor any exemption for the same is brought to the notice. The appellant did not get himself registered immediately after 01.07.2012. He applied and got registration only in August, 2016 when the services were under scrutiny by Income Tax department. It is abundantly clear that the appellant was providing taxable service which is chargeable to service tax in terms of section 66B of the Finance Act, 1994. The appellant cannot be allowed to plead ignorance of law. Otherwise also the sai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oducts to their customers. The appellants used to receive commission from these institutes for providing the said services. Based upon the data received from Income Tax Department, the Department investigated the matter after getting information as that of copies of 26AS, ITR, etc. for the financial year 2010-2011 to 2016-2017. The Department formed the opinion that the commission as received by the appellant was taxable in terms of sub section 19 of 65 of Finance Act. Accordingly, recovery of ₹ 16,97,595/- for the period from 01.04.2013 to 31.03.2017 was proposed to recover from the appellant vide Show Cause Notice No.9505 dated 3/5.10.2018. The said proposal was initially confirmed vide Order-in-Original No. 15/378/2018 dated 21.12. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned that as per the appellants own submissions the entire demand, the amount thereof stand deposited by the appellant, no second reason is mentioned by the appellant to deny the said liability. The payment accordingly, was not under protest, but rather amounts to the admission of liability towards the impugned demand. It is further submitted that there is no infirmity even when penalty is imposed upon the appellant. Because admittedly the appellant has been providing the taxable services to the financial institutes since the period even prior to 2010-2011 but did not get himself regisetered till the year 2016. The investigation against him was supported by the Department. Hence, it is clear that if there had been no investigation, the appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the appellant are defined under section 65(19) of Finance Act, 1994. When the provision is read with section 68 thereof, it becomes clear that service was taxable and the appellant was liable to pay the service tax. There has been a major change in Finance Act with effect from 01.07.2012 by virtue of negative list under section 66B of the Act was provided. It was held that the services which are not covered under the said list are taxable. Apparently, the services of DSA to Financial institute is not mentioned in the said negative list nor any exemption for the same is brought to the notice. The appellant did not get himself registered immediately after 01.07.2012. He applied and got registration only in August, 2016 when the services we ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
