2014 (10) TMI 312

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....er of confirmation of these demands are given in the table below: S. No. Appeal No. Name of the party Period involved ST demand By order No. & Date 01 ST/289/09 Wall Street Finance Ltd. 15/03/05 To 31/03/08 4,31,28,665 14/STC/BR/09-10 dated 28/10/09 02 ST/114/10 Wall Street Finance Ltd., 01/04/08 To 31/09/09 2,38,66,603 29/STC/BR/09-10 dated 25/02/09 03 ST/96/10 Weizmann Forex Ltd., 15/03/05 To 31/03/08 5,12,34,843 23/STC/BR/09-10 dated 21/01/10   In addition to the confirmation of the service tax demand, interest thereon has also been confirmed and penalties have been imposed under Sections 76, 77 & 78 of the Finance Act, 1994. Aggrieved of the sam....

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....of the service rendered would merit classification under "Business Auxiliary Service" (BAS) for the purpose of export of service under Export of Service Rule, 2005. BAS is classified under Rule 3 (1) (iii) of the said Rules and the conditions required to be satisfied for export are the services should be provided in India and used outside India and the consideration should be received in convertible foreign exchange. It is his submission that in this case no doubt the appellant/service provider has provided services and therefore, the service has been provided in India. As far as the usage of service is concerned, the recipient is Western Union, who is situated abroad and therefore, services have been used outside India. Consideration has b....

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....ed in convertible foreign exchange. The only dispute is where the service has been rendered. At the relevant time, there were no specific rules to determine the place of provision of service in service tax law. However, with effect from 20/06/2012 a specific Rule has been prescribed called Place of Provision of Service Rules, 2012. Though these Rules are only prospective in nature, the provisions of these Rules can be gainfully used to understand the concept of place of provision. Rule 3 of the Rule says that the place of a provision of a service shall be the location of the recipient of the service. In the facts of the case before us, the service receiver is M/s. Western Union, who has paid the consideration for the service and who is situ....