https://www.taxtmi.com/caselaws?id=262242 A circular could not pre-determine the taxability of commission received by mutual fund distributors by directing that such receipts fall outside business auxiliary services and attract service tax. The Court accepted that a quasi-judicial authority must retain discretion to decide each lis on its facts, and that the proviso to Section 37B of the Central Excise Act, 1944 prohibits circulars that foreclose that function. The impugned circular was therefore impermissible to the extent it sought to bind the decision-maker on the taxability issue, and the assessee succeeded on the validity challenge. en-us Thu, 23 Jul 2015 00:00:00 +0530 Wed, 14 Oct 2015 17:11:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=262242 A circular could not pre-determine the taxability of commission received by mutual fund distributors by directing that such receipts fall outside business auxiliary services and attract service tax. The Court accepted that a quasi-judicial authority must retain discretion to decide each lis on its facts, and that the proviso to Section 37B of the Central Excise Act, 1944 prohibits circulars that foreclose that function. The impugned circular was therefore impermissible to the extent it sought to bind the decision-maker on the taxability issue, and the assessee succeeded on the validity challenge. Case-Laws Service Tax Thu, 23 Jul 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=262242