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TMI Blog2007 (12) TMI 60X X X X Extracts X X X X X X X X Extracts X X X X ..... ran, Member (J) and Shri T.K. Jayaraman, Member (T) [Order per : T.K. Jayaraman, Member (T)].- 1. This appeal has been filed against Order-in-Original No. 10/2006 ST dated 24.10.2006 passed by the Commissioner of Customs and Excise Hyderabad - II Commissionerate. 2. Revenue proceeded against the appellants who are engaged in providing various services falling under banking and financial service and 'Business Auxiliary Service' A show cause notice dated 3.1.2005 answerable to the Assistant Commissioner of Central Excise was issued to them. Making the noticee answerable to the Commissioner of Central Excise Hyderabad - II Commissionerate. The show cause notice proposed demand of service tax to the tune of Rs1,38,95,128/- towards se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... printing of dividend registers dividend warrants and dispatch of dividend warrants. (f) Attending to investor complaints (g) Transfers/transmission of shares (h) Maintenance of Transfer Register 'Registrar' or more specifically 'Registrar to an issue' refers to a person who carries out for a corporate body, various activities relating to an offer of a sale or purchase of securities to, or from, the public or the holder of securities. A 'Share Transfer Agent' refers to a person who on behalf of any body corporate maintains the record of holders of securities issued by such body corporate and deals with all matters connected with transfer and redemption of its securities. These services have been held to be ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... same, then the introduction of new Tariff entry would imply that the coverage under the new Tariff for purpose of Tax is an area not covered by the earlier entry. The new entry is an extension of the scope of coverage of Service Tax and not carving out a new entry, from the erstwhile entry.' Therefore it was argued that the coverage under the new category of share transfer agent services w.e.f 1.5.206 is an area not covered by the earlier category of 'Business Auxiliary Services'. Further, it was also argued that the reimbursement of the expenses would also not be liable to service tax for the period covered by the Order-in-Original. It was urged that reimbursement of expenses are not in respect of services rendered by the appellants that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment on 3.10.2001. It specifies the activities to be carried out by the company. Therefore, here even on 3.10.2001, the department was well aware that the applicant's main object was carry on the activity in particular as registrar and share transfer services. In these circumstances, there is no justification in levying interest and penalty. Further, our attention was drawn to the following decision of the Tribunal. This Bench in the case of M/s. Sathguru Management Consultants Pvt. Ltd. Vs. CCE, Hyderabad [2007 (7) S.T.R. 654(Tribunal)] relying on the decision of the Tribunal in the case of CCE, Vs. Ankit Consultanacy Ltd . - 2007 (6) S.T.R 101 (Tri.-Del.) has held that Share Transfer Agent and Registrar official services not co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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