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TMI Blog2014 (1) TMI 1372X X X X Extracts X X X X X X X X Extracts X X X X ..... f the provisions of Section 65(12), Section 65(105)(zm) and the provisions of the Section 67 of the Finance Act, we are of the, prima facie, view that the services rendered by them cannot be held to be completed till the same is communicated to the concerned persons. Further, the question of giving effect to LC or payments based on the LC cannot be effected, without the communication through SWIFT - prima facie, that the appellant do not have a strong case in their favour - Partial stay granted. - ST/3134/2011 - Stay Order No. 1585/2012 - Dated:- 6-9-2012 - Shri P.G. Chacko and M. Veeraiyan, JJ. Shri S. Ananthan, CA, for the Appellant. Shri R.K. Singla, Commissioner (AR), for the Respondent. ORDER Heard both sides extensiv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ses incurred towards dispatch of the said LC is collected on actual basis from the service recipient/customers. Similarly, in respect of other services the actual expenses incurred towards postages, courier charges etc. not connected to the BOFS are collected and accounted under the head out of pocket expenses . SWIFT (Society for Worldwide Inter-bank Financial Telecommunication) charges collected related to use telecommunication facility for transmitting to the overseas banks messages in respect of services rendered to their customers in relation to import and export and related activities. 4.2 He also submits that whenever they have incurred postal/telegraphic expenses internally for moving the proposal from branch to regional/zonal/he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resent case and therefore the said decision cannot be applied. 6. We have carefully considered the submissions from both sides and perused records. Bulk of the amount relating to the dispute has been collected under the head out of pocket expenses . According to the learned Chartered Accountant, most of the amounts relates to postage/courier charges in relation to the various activities undertaken by them which were after the services of BOFS rendered and these activities should not be treated as part and parcel of the said service and, therefore the same were excludable. On a careful reading of the provisions of Section 65(12), Section 65(105)(zm) and the provisions of the Section 67 of the Finance Act, we are of the, prima facie, view ..... X X X X Extracts X X X X X X X X Extracts X X X X
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