2017 (4) TMI 280

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....ORDER [Order Per : Ms. Sulekha Beevi, C.S.] 1. The above appeal is filed by the appellant against the rejection of refund claim. 2. The appellants, M/s. Sai Sadhana Chit Fund (P) Limited applied for service tax registration as non-assessee on 09-01-2013. The department issued registration to the appellant as non-assessee. Thereafter, w.e.f. 01.07.2012 when amendments were brought into Finance A....

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....The Adjudicating authority rejected the refund claim as not admissible under section 11B of Central Excise Act 1944. In appeal, the Commissioner (Appeals) upheld the same. Hence this appeal. 5. On behalf of the appellant, Ld. Counsel Sh. Ch. Venkateswara Rao submitted that the appellants are engaged in Chit Fund business only. During the relevant period there was confusion whether Chit Fund activ....

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.... Sudhakar Reddy, Assistant Commissioner reiterated the findings of the impugned order. He submitted that the appellant has paid an amount of Rs. 7,45,479/- as service tax under the accounting code 00441089. They ought to have paid the service tax under banking and financial services of which the accounting code is 00440173 as observed by the adjudicating authority. However he conceded that Chit Fu....

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....le. Accounting code is only a procedure to help compliance of tax payment. However they have obtained registration for all taxable services other than negative list. Therefore, as submitted by both sides, it would be proper to have verification whether the appellant was engaged in any activities other than Chit Fund business during the relevant period which would fall under taxable services. The m....