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2015 (8) TMI 1007 - HC - Service TaxBusiness Auxiliary Service - Sale of SIM cards - Held that - No substantial question arises in the instant appeal, in view of the decisions in the case of Martend Food & Dehydrates Pvt. Ltd. vide 2013 (6) TMI 339 - CESTAT NEW DELHI , wherein it was held that activity of purchase and sale of SIM Card belonging to BSNL where BSNL has discharged the Service Tax on the full value of the SIM cards does not amount to providing Business Auxiliary Service - Decided against Revenue.
Issues Involved:
Service Tax liability of a partnership firm providing services on behalf of a company under the category of Business Auxiliary Service. Analysis: The appellant, a partnership firm, was providing services on behalf of a company and had a Service Tax Registration under the category of Business Auxiliary Service. The respondent, during an enquiry, was found to have not paid Service Tax amounting to Rs. 6,87,387/- including cess for the period 2008-09 and 2009-10, and had also not submitted ST-3 returns as required. A show cause notice was issued, and the case was adjudicated by the Additional Commissioner, Central Excise, Lucknow, who confirmed the demand under the proviso to Section 73(1) of the Finance Act, 1994, along with interest and imposed penalties under various Sections 78 of the said Act. The respondent appealed before the Commissioner (Appeals), who upheld the order. Subsequently, the respondent appealed before the Customs, Excise & Service Tax Appellate Tribunal (CESTAT), which allowed the appeal. The appellant then filed an appeal before the High Court. Upon hearing the arguments, the High Court observed that no substantial question arose in the instant appeal, citing a decision of the Apex Court in the case of Martend Food & Dehydrates Pvt. Ltd. The Apex Court's decision stated that the activity of purchase and sale of SIM cards belonging to the company where the company had discharged the Service Tax on the full value of the SIM cards did not amount to providing Business Auxiliary Service. Therefore, the High Court found no reason to interfere in the matter and dismissed the appeal at the admission stage itself. In conclusion, the High Court upheld the decision of the CESTAT based on the precedent set by the Apex Court regarding the nature of services provided by the appellant in relation to the company. The judgment emphasized that the appellant's activities did not fall under the category of Business Auxiliary Service, as clarified by the Apex Court's ruling in a similar case. The dismissal of the appeal at the admission stage indicated that the High Court did not find any substantial grounds to challenge the lower authorities' decisions in this matter.
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