2019 (1) TMI 501

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.... Sharan, Asst. Commissioner (AR) For the Respondent ORDER Per: S.S GARG The present appeal is directed against the impugned order dated 29.6.2015 passed by the Commissioner (A) whereby the appeal filed by the appellant was rejected. 2. Briefly the facts of the present case are that the appellant is a cooperative society registered under Cooperative Societies Act, 1969 and functioning with H....

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....ise refused to entertain this objection of the appellant-bank on the ground that appellant-bank was not the petitioner in that appeal No.6774/2012. Thereafter, the appellant-bank filed writ petition No.28713/2014 before the High Court with a prayer to declare that the Society is not liable to pay service tax and the High Court disposed of the petition vide its order dated 7.11.2014 and directed th....

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....n its proper prospective. He further submitted that the appellant does not fall in the entities which are defined as "persons liable to pay service tax" for the service under 'Banking and Other Financial Services'. He further submitted that the Hon'ble apex court in the decision cited supra has held that chit fund business was not covered by sub clause (v) of subsection (12) of Section 65 even aft....

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....ore res integra and has been settled by the apex court in the judgment cited supra wherein in para 37-38 the Hon'ble apex court has held as under: "37. Again, it refers to a fund which is normally created by a business or an organisation for a specific purpose and then utilised for the said purpose. A bare look at the aforesaid definitions compels us to hold that chit fund cannot be treated as fu....