9911796707
TMI Blog2010 (12) TMI 321X X X X Extracts X X X X X X X X Extracts X X X X ..... n the mischief of the provision - It would, therefore, follow that the absence of exclusion was not reckoned as inclusion - waiver from pre deposit allowed. X X X X Extracts X X X X X X X X Extracts X X X X ..... ng.). He has also relied on the High Court's judgment in A.P. Federation of Chit Funds v. Union of India, 2009 (13) S.T.R. 350 (A.P.). Finally, the counsel has referred to Notification No. 13/2004-Service Tax dated 10-9-2004. It is submitted that, in the event of the appellant being held liable to pay service tax under the above head, they should be granted the benefit of the Notification. 3. The learned JCDR has, at the outset, chosen to bank on the Notification. He submits that the Notification purported to grant exemption from payment of service tax on the above category of service provided by a banking company or a financial institution or any other body corporate or commercial concern where the service involved collection of any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court took note of the above amendment and held that, in the absence of a specific statutory definition of cash management, the question of its wider interpretation either by seeking to include or exclude any other transactions or business did not arise and was not permissible and any such act on the part of the executive would certainly be in the teeth of Article 265 of the Constitution. The Hon'ble High Court further clarified that, in the absence of any inclusive definition available in the statute, it could not be said that the petitioners would fall within the mischief of the provision. It would, therefore, follow that the absence of exclusion was not reckoned as inclusion. Prima facie, the appellant has made out a case and, there ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
