TMI Blog2023 (10) TMI 1160X X X X Extracts X X X X X X X X Extracts X X X X ..... commission income received on account of sale of bonds. Appellant contended that the services rendered by them in relation to marketing of securities have been concluded prior to June 2003 and service tax under the category of Business Auxiliary Service was introduced as a taxable service only w.e.f 01.07.2003, as defined under Section 65(105)(zzb)of the Finance Act, 1994. HELD THAT:- Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ocument. Thus, there is no suppression involved in this case, Hence, the demand raised by invoking extended period of limitation not sustainable. As the Notice was issued on 11.06.2007 for the demand pertained to the period 2003-2004 , the entire demand of service tax in the impugned order is time barred. Appeal allowed. - HON BLE MR. P. K. CHOUDHARY, MEMBER (JUDICIAL) And HON BLE MR. K. A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt to service tax was confirmed by the adjudicating authority, vide Order-in-Original dated 19.02.2009. On appeal, the demands were upheld by the Commissioner(Appeals), vide Order-in- Appeal dated 15.03.2010. The present appeal is against this impugned order. 2. In their grounds of Appeal, the Appellant contended that the services rendered by them in relation to marketing of securities have bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rvices were rendered prior to 01.07.2003 could not be accepted. 3. The Ld A.R. Reiterated the findings in the impugned order. 4. Heard both sides and perused the appeal records. 5. We observe that the Appellant has not denied the rendering of services related to sale of bonds and earning commission income. The contention of the Appellant is that such services were rendered by them prior t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... income received by the Appellant have been collected by the Audit team form their Audited Balance Sheet, which is a public document. Thus, there is no suppression involved in this case, Hence, the demand raised by invoking extended period of limitation not sustainable. As the Notice was issued on 11.06.2007 for the demand pertained to the period 2003-2004 , the entire demand of service tax in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|