9911796707
TMI Blog2025 (1) TMI 538X X X X Extracts X X X X X X X X Extracts X X X X ..... on assigned by the Additional Commissioner is that the Indian Bank does not pay any amount to the Foreign Bank and, in fact, the Indian Bank only plays a role of a mediator between the Indian exporter and the foreign banker representing the foreign importer. This is a general practice that the exporters are required to follow by routing the export documents through a banking channel. Thus, the Indian bank did not receive any service from the Foreign Bank.' The facts of the present case are squarely covered under the said decision. Hence, there are no reason to differ there from. Conclusion - The Appellant Bank merely acts on behalf of the Indian exporter and facilitates the service. The Appellant Bank, therefore, would not be liable to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... initially confirmed vide Order-in-Original No. 20/2018-19 dated 16.11.2018. Appeal against the said order has been rejected vide the impugned order under challenge. Being aggrieved, the department is before this Tribunal. 3. We have heard Shri Anand Narayan, Authorized Representative for the department and Shri Anand Desai, Chartered Accountant for the respondent. 4. Learned Chartered Accountant for the respondent has submitted that the issue involved in the present appeal has already been decided by the Principal Bench of this Tribunal in the case titled as State Bank of Bikaner Jaipur Vs. Commissioner of Central Excise Service Tax Alwar reported as 2020 (8) TMI 80-CESTAT NEW DELHI , wherein it has been held as follows: The nature of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ax and whether such bank can be called as recipient of service. 8. We have also perused the decision of this Tribunal in the case of State Bank of Bikaner Jaipur (supra) and observe that following is the outcome: 49. It would be seen from the aforesaid order of the Additional Commissioner that two reasons have been assigned for dropping the demand made in the show cause notice. The first is that the Foreign Bank does not transact business of banking in India and, therefore, would not fall within the definition of a banking company , which is a pre-requisite for a service to be covered under banking other financial services . The second reason assigned by the Additional Commissioner is that the Indian Bank does not pay any amount to the Fore ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
