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TMI Blog2019 (2) TMI 763X X X X Extracts X X X X X X X X Extracts X X X X ..... us taxable services such as banking and other financial services, business management and maintenance or repair services. It is the case of Revenue in the show cause notice that the appellants had evaded the service tax by incorrectly computing the service tax liability, not paying the service tax on various services rendered to the client resulting in escapement of tax. Appellant contested the show cause notice on merits. The adjudicating authority, after following due process of law, confirmed the demands raised along with interest and imposed penalties. This appeal is against those findings. 3. Ld. Counsel submits that during the period 2003-04 to 2006-07, the demand has been raised on courier charges under "Banking and other Financial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the lower authorities have not considered and the impugned order is non speaking. It is his further submission that the penalties imposed on the appellants be set aside. 4. Ld. DR on the other hand reiterates the findings of lower authorities. 5. On careful consideration of the submissions made, we find that the issue is correctly put up by the Commissioner and is regarding the service tax liability under various heads. We decide the appeal, issue wise, as follows. (a) As regards the Medical Transcription Training Services under Commercial Training & Coaching Services, we find that since the appellant has not contested this before us, the service tax liability confirmed under this head along with interest is upheld. (b) As regards the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. CCE [2018(8) TMI 1222 (Cestat-Bang.)] wherein similar issue came up and it was held that the ratio of Intercontinental Consultants & Technocrats Pvt. Ltd. would apply. Accordingly, in our view, the Courier expenses incurred are reimbursable in nature hence not taxable, under the category of "Banking & Other Financial Services" and the impugned order to that extent is unsustainable. (c) As regards the Registrar and Transfer services for NCDEX, we find that this amount is also not taxable under "Banking & Other Financial Services"; as per the agreement dated 07.11.2003 (page 15 onwards) appellant has been appointed as Registrar and Transfer Agents for the commodities traded on NCDEX and it cannot be considered as depository services. Duri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd data processing; and (viii) banker to an issue services; and (ix) other financial services, namely, lending, issue of pay order, demand draft, cheque, letter of credit and bill of exchange, transfer of money including telegraphic transfer, mail transfer and electronic transfer, providing bank guarantee, overdraft facility, bill discounting facility, safe deposit locker, safe vaults, operation of bank accounts;"; (b) foreign exchange broking and purchase or sale of foreign currency including money changing provided by a foreign exchange broker or and authorised dealer in foreign exchange or an authorised money changer, other than those covered under sub-clause (a); [Explanation. - For the purposes of this clause, it is hereby decl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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