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    <title>2008 (9) TMI 72 - CESTAT, NEW DELHI</title>
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    <description>Commission received for sale and purchase of mutual fund units was treated as falling within Business Auxiliary Service, but the exemption for commission agents dealing in goods under Notification No. 13/2003-ST applied because mutual fund units were treated as goods for this purpose under the statutory definitions. The Board circular denying the exemption was not followed in view of the Delhi High Court decision quashing it. As a result, the commission on such transactions was not liable to service tax for the relevant period, and the refund claim could not be rejected.</description>
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      <title>2008 (9) TMI 72 - CESTAT, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=31722</link>
      <description>Commission received for sale and purchase of mutual fund units was treated as falling within Business Auxiliary Service, but the exemption for commission agents dealing in goods under Notification No. 13/2003-ST applied because mutual fund units were treated as goods for this purpose under the statutory definitions. The Board circular denying the exemption was not followed in view of the Delhi High Court decision quashing it. As a result, the commission on such transactions was not liable to service tax for the relevant period, and the refund claim could not be rejected.</description>
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      <pubDate>Thu, 25 Sep 2008 00:00:00 +0530</pubDate>
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