Service tax refund exemption narrowed by amendment, limiting relief to pre-9-7-2004 services and requiring proof for later claims.

The refund of service tax under Notification No. 13/2003-S.T. was confined by the amendment in Notification No. 8/2004-S.T., which restricted the exemption to commission agents dealing in agricultural produce. The earlier view that mutual funds could fall within "goods" did not override the amended scope, so exemption was available only up to 9-7-2004. For the later period, entitlement depended on proof of the actual period of service rendered, and the matter required fresh consideration on documentary evidence.

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Issues: Whether the respondent was entitled to refund of service tax under Notification No. 13/2003-S.T. for services rendered in relation to mutual funds, and whether the amended notification continued the exemption for the period after 9-7-2004.

Analysis: The exemption originally available under Notification No. 13/2003-S.T. had to be read along with the amendment introduced by Notification No. 8/2004-S.T. By virtue of the amendment, the scope of exemption was restricted to services rendered by a commission agent in relation to sale or purchase of agricultural produce. The earlier conclusion that mutual funds could fall within the expression "goods" under Section 65(50) of the Finance Act, 1994 did not address the effect of the amendment. Therefore, the exemption could apply only up to 9-7-2004, and entitlement for the later period depended on proof of the actual period of service rendered.

Conclusion: The respondent was entitled to refund only for the period prior to 9-7-2004. For the period from 9-7-2004 to September 2004, refund was not available, and the matter was remanded to the original adjudicating authority for fresh consideration on the basis of documentary evidence.

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