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Minimum Average Balance maintained by bank customers was treated as a contractual condition, not consideration for banking services, so the service tax demand on that basis was contrary to the Finance Act and the Supreme Court's approach in Bhayana Builders. The text also notes that the Board's circulars required a sufficient nexus between the promise and any benefit received by the bank, and that identical GST proceedings against another bank were dropped on the same reasoning. On writ maintainability, the challenge to show-cause notices raised a pure question of law and jurisdictional facts, so the alternative-remedy objection was rejected and the notices were quashed.
Minimum Average Balance maintained by bank customers was treated as a contractual condition, not consideration for banking services, so the service tax demand on that basis was contrary to the Finance Act and the Supreme Court's approach in Bhayana Builders. The text also notes that the Board's circulars required a sufficient nexus between the promise and any benefit received by the bank, and that identical GST proceedings against another bank were dropped on the same reasoning. On writ maintainability, the challenge to show-cause notices raised a pure question of law and jurisdictional facts, so the alternative-remedy objection was rejected and the notices were quashed.
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