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TMI Blog2024 (6) TMI 249X X X X Extracts X X X X X X X X Extracts X X X X ..... s asset management Company. In addition to the normal Commission they also get incentive for promotion and marketing of mutual fund. The case of the Department is that other than the normal Commission in relation to distribution of mutual fund on behalf of the asset management company, the incentive received by the appellant is liable to Service Tax under business auxiliary service. The second issue is that the Appellant also publish in house monthly /quarterly letter/ magazine title 'FUNDS WATCH' for private circulation among their clients sub- distributors network informing investors about available financial products and mutual funds scheme in operation. For this magazine appellant received advertisement from the mutual fund, in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce Tax is not payable on these activity. Regarding demand under commercial training or coaching services, she submits that the Appellant have provided training with their own network of sub distributors who being enrolled underwent training by way of introductory course which would help them to be self-employed as sub-distributors and therefore the training is in the nature of vocational training which is exempted under Notification No. 24 of 2004-ST dated 10/09/2004. Accordingly, demand under this head is not sustainable. She further submits that the impugned order has confirmed the demand for extended period. However, in the present case all the three issues are legal issue and based on interpretation of various legal provisions, all the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Service Tax, Delhi 2012 (27) S.T.R. 377 (Tri. - Del.) Vasanth Color Laboratories Ltd Vs. Commissioner Of Service Tax 2022-TIOL-437-CESTAT-BANG Kirloskar Oil Engines Ltd. Vs. Commissioner Of Central Excise, Nasik 2004 (178) E.L.T. 998 (Tri. - Mumbai) Rolex Logistics Pvt. Ltd. Vs. Commissioner Of Service Tax, Bangalore 2009 (13) S.T.R. 147 (Tri. - Bang.) Cabcon India Pvt Ltd Vs. Commr. Of Central Excise, Kolkata-III 2022-TIOL-573-CESTAT-KOL Commissioner Vs. Polycab Wires Pvt. Ltd. 2010 (260) E.L.T. 49 (Guj.) Commissioner Vs. Polycab Wires Pvt. Ltd. 2011 (269) E.L.T A58 (S.C) CCE vs. Shree Soap & Chemical Ind. 2008 TIOL 950 CESTAT-Ahm- Section 80 invoked-penalty deleted CCE vs. Louis Berger International 2008 TIOL 1758 CESTAT-Del ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der business auxiliary service. 4.1 The case of the Department is that the only normal Commission received for distribution of mutual fund is taxable in the hand of the service recipient but in the present case it is additional incentive which is on account of promotion and marketing of the mutual fund, in that case the Service Tax is payable by the appellant being provider of service. We find that as per the 2(1)(d) (vi) there is no distinction given to the normal Commission or fix Commission towards the distribution of the mutual fund and the incentive received for promotion or marketing of the mutual fund. So long any business auxiliary service is provided which is in relation to distribution of mutual fund in such case the service prov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Definition.- In this Chapter, unless the context otherwise requires, (105) "taxable service" means any service provided,- (zzzm) to any person, by any other person, in relation to sale of space or time for advertisement, in any manner; but does not include sale of space for advertisement in print media and sale of time slots by a broadcasting agency or organisation. Explanation 1.- the purposes of this sub-clause, "sale of space or time for advertisement" includes,- (i) providing space or time, as the case may be, for display, advertising, showcasing of any product or service in video programmes, television programmes or motion pictures or music albums, or on billboards, public places, buildings, conveyances, cell phones, automa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... specification thereof to facilitate their prospective Customer for ordering the product for sale is the book which is called trade catalogue. The facts of the present case from the magazine 'FUNDS WATCH' it is clear that these magazine does not contain a particular company's product details for the purpose of sale of the same to their customer. The magazine contains various news matters and also details of mutual funds of various AMC'S. Therefore, in our considered view these magazine cannot be categorized as trade catalogue. Accordingly, clearly falls under the exclusion category of book provided under the sub clause (zzzm) of Section 65 (105) of Finance Act, 1995. Therefore, the same cannot be taxed under the head of sale of space fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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