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    <title>2013 (11) TMI 49 - CESTAT MUMBAI</title>
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    <description>Mutual funds were treated as &quot;goods&quot; by applying the Sale of Goods Act definition of movable property, excluding actionable claims and money, so the exemption under Notification No. 13/2003-S.T. was held available. The circular later relied on by the department had already been set aside by the Andhra Pradesh High Court, and no stay was shown against that ruling, so the High Court position was taken as prevailing. On that basis, refund of service tax paid by commission agents of mutual funds was upheld in favour of the assessee.</description>
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    <pubDate>Fri, 05 Jul 2013 00:00:00 +0530</pubDate>
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      <title>2013 (11) TMI 49 - CESTAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=238872</link>
      <description>Mutual funds were treated as &quot;goods&quot; by applying the Sale of Goods Act definition of movable property, excluding actionable claims and money, so the exemption under Notification No. 13/2003-S.T. was held available. The circular later relied on by the department had already been set aside by the Andhra Pradesh High Court, and no stay was shown against that ruling, so the High Court position was taken as prevailing. On that basis, refund of service tax paid by commission agents of mutual funds was upheld in favour of the assessee.</description>
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      <pubDate>Fri, 05 Jul 2013 00:00:00 +0530</pubDate>
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