9911796707
TMI Blog2014 (4) TMI 1166X X X X Extracts X X X X X X X X Extracts X X X X ..... scrips when received would be sold at a particular price which can be sold in the market for higher price would be clearly covered by ‘Business Support Service’ since this service is provided in relation to business or commerce to another service receiver - As regards there was no consideration, the very fact that there is a difference between face value of scrips and purchase price by the appellant and appellant can sell at higher price would show difference between sale price and purchase price is the consideration for undertaking work of obtaining DEPB scrips for the service receiver. The fact that the appellant paid service tax in respect of two companies, in our opinion, does not give raise to a conclusion that the appellant has entert ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cuments, counsel also did not receive any notice of hearing. In view of the fact that the stay order was passed without hearing the appellant, we considered the submissions and the misc. application seeking rehearing of stay application was allowed and the matter was posted for hearing today. 2. When the matter was called today, learned counsel on behalf of the appellant submitted that the appellant was only purchasing and selling DEPB scrips and no service was rendered by him. He submitted that service tax has been demanded on the entire difference between face value of DEPB scrips and purchase value without taking into account the actual price at which DEPB scrips were sold by him. He also submitted that in respect of M/s Himalaya D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fined as under : "Support services of business or commerce means services provided in relation to business or commerce and includes evaluation of prospective customers, ……… and other transaction processing" [Section 65(104c) of the Finance Act, 1994]. Prima facie, any service provided in relation to business or commerce would be covered by this definition. In this case, when the appellant entered into an agreement to complete all formalities required and documentation required to get DEPB scrips subject to condition that such DEPB scrips when received would be sold at a particular price which can be sold in the market for higher price would be clearly covered by 'Business Support Service' since this service is provid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice'. Therefore, the fact that the appellant paid service tax in respect of two companies, in our opinion, does not give raise to a conclusion that the appellant has entertained a bona fide belief regarding their liability on other transactions. The very fact that the other transactions were preceded by agreements and on a precondition of fixing price at which DEPB scrips would be given to the appellant would show that this case is on entirely different parameter. There is no evidence that the appellant has made efforts to ascertain their liability and in these circumstances, we consider that the appellants have not been able to make out a case for complete waiver. Having regard to the fact that some portion of the demand may not be sustain ..... X X X X Extracts X X X X X X X X Extracts X X X X
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