2014 (11) TMI 585

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... and Ramesh Nair, JJ. For the Appellant : Shri R G Sheth, Adv. For the Respondent : Shri D Nagvenkar, Addl Comm (AR) JUDGEMENT Per: P R Chandrasekharan: 1. There are three appeals involving a common issue. The appeal numbers, the orders from which they arise, period involved and the service tax demands confirmed are given in the table below: S. No. Appeal No. Order-in-appea....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....With effect from 10/09/2004, they discharged service tax liability on the commission received under "Business Auxiliary Service" (BAS). However, they were issued a show-cause notice dated 17/10/2008 demanding service tax for the period prior to 10/09/2004 under "Banking and other Financial Services". These demands were adjudicated upon and were confirmed along with interest and imposing penalties.....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e. He further submits that the show-cause notices have been issued only on 17/10/2006 invoking the extended period of time and therefore, the demands are clearly time barred inasmuch as they have started discharging the service tax liability under BAS since 10/09/2004. The department has not disputed the classification adopted by the appellant. Since BAS is not carved out of "Banking and other Fin....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.....1 Unlike other banks, RBI does not undertake borrowing or lending on its own. Whenever the RBI undertakes borrowing activities, it is on behalf of the Government of India to manage the Indian economy which its constitutional responsibility. Therefore, the lending or borrowing of money by the Government is a sovereign function and on such functions there cannot be any tax liability whether by way ....