9911796707
TMI Blog2015 (12) TMI 220X X X X Extracts X X X X X X X X Extracts X X X X ..... batable and we also find that there could be some merits in the claim of the appellant that they are performing statutory functions and the same cannot be considered as business support activities. Certification of SOFTEX forms in terms of statutory requirement which is recognized by other Departments can be considered as Business Support Service or not is a very debatable point. Moreover, there is some merit in the claim that Business Support Service definition needs to be considered in greater detail and their activity is not covered by the same. Recognizing the fact that appellant is an autonomous society and established by Government of India, managed by Government of India and is performing several statutory functions, prima facie, we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r functions performed in exercise of the powers conferred to them under Foreign Trade Policy such as increase in value of capital goods, capacity enhancement, permit for broad-banding, authorize change in name, permit change of location, extend validity of LOP, permit mergers, issue of green card, cancellation of LOP, etc. Taking a view that service charges collected by the appellant from STP units towards the services rendered in respect of certification of SOFTEX forms is liable to service tax under Business Support Service, proceedings were initiated culminating in confirmation of demand for service tax of ₹ 5,15,53,520/- for the period from 2007-08 to 2011-12 with interest besides imposing penalty under various Sections of Finance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ke other departments such as Transport, Passport Office, Boilers Department etc. * No evidence has been placed on record that the Appellants are agents of the RBI and therefore, the exemptions available to RBI is available to it. For facilitation of the exporters, RBI might have allowed STPI by way of a circular to do the above activities but that doesnt mean that they are exempt from the levy of service tax. * Cum-tax benefit is not available in the present case. * Appellant has intentionally evaded payment of tax by suppressing material information and therefore extended period of limitation has been correctly invoked in this case; penalty under Section 78 of the Act also applies, apart from penalties being confirmed un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nctions/ levy is not satisfied. However, it is submitted that various clauses of the Appellants Memorandum of Association will indicate that the fees collected are credited into a separate fund which is solely under the control of the Governing Council of the ME IT. Appellant is acting as agent of RBI and therefore, services rendered are not taxable * As required under Circular No.9 dated 25.10.2001 issued by the Reserve Bank of India, the Appellant has been designated as the authority to certify SOFTEX forms. It is submitted that this being the case, the Appellant is only acting as an agent of the RBI. * Activities undertaken by the Appellant are not in the nature of BSS since they do not satisfy the definition of the said ..... X X X X Extracts X X X X X X X X Extracts X X X X
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