2018 (1) TMI 59

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....artered Accountants, For the Appellant Dr. J. Harish, Dy. Commissioner(AR), For the Respondent ORDER Per: V. Padmanabhan The appeal has been filed against the Order-in-Appeal No.188/2006 dated 22/12/2006. The appellant is providing stock broking and other financial services to its clients. As a related activity, it is also causing the sale of units of mutual funds to its clients and is....

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....exemption benefit will not be available from payment of service tax and the services will be liable to service tax under the Business Auxiliary Service. Aggrieved by the impugned order, the present appeal has been filed. 2. With the above background, heard Shri A. Mohanan, counsel for the appellant as well as Dr. J. Harish, Dy. Commissioner(AR) for the Revenue. 3. The learned counsel for the....

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....all under clauses (ii) & (iv) of Section 65(19). The said clauses refer to 'services'. The mutual fund units being 'goods' as per the definition under Section 65(50) of the Finance Act, 1994 read with Section 2(7) of the Sale of Goods Act, 1930, would fall under clause (i) of Section 65(19), namely, promotion or marketing or sale of goods. But as the 'Business Auxiliary Service' provided by a comm....