TaxTMI 
TaxTMI 
2011 (10) TMI 437
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.... Appellant. Shri K.K. Jaiswal, SDR, for the Respondent. [Order per : Archana Wadhwa, Member (J) (for the Bench) (Oral)]. - After dispensing with the condition of pre-deposit of Service Tax and penalty, we proceed to decide the appeal itself inasmuch as only a short issue is involved. 2. The appellant is a distributor of mutual fund units and receives commission from mutual f....
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....anagement company, as the case may be, receiving such service;]" 4. By referring to the above provisions, the learned advocate submits that it is recipient of such services, which is liable to pay service tax in terms of the above rule. He submits that though the above submission was raised before Commissioner (Appeals), he has not dealt with the same learned advocate fairly agrees that th....
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....iary service [Section 65(105)(zzb)] As such, submits the learned DR the commission received by the mutual fund distributor is liable to Service tax under the category of business auxiliary services, as clarified by the Board. He also draws our attention to the observations made by Commissioner (Appeals) laying down that the appellant has not produced any evidence to show that mutual fund compan....
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.... mutual fund companies is not appropriate inasmuch as in terms of the above rule, the liability to pay service tax is that of mutual fund company. If that does not stand paid by the company, proceedings have to be started against the companies itself and the fact whether they have paid or not paid will not transfer the liability to the mutual fund distributor. As such, nothing turns in favour of t....