2019 (11) TMI 492

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.... S. Bissa, Adv. Present For the Respondent: Shri T.K. Sikdar, Asst. Commr. (AR) ORDER RAMESH NAIR The issue involved is that whether appellant as a banking institution liable to pay Service tax on pre-closure charges of loan account and locker rent charges for the period 2005-06 to 2009-10. 2. Shri Sudhanshu Bissa, Ld. Counsel appearing on behalf of the appellant at the outset submi....

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....on the part of the appellant. As regard the locker rent charges, he submits that admittedly the entire amount of lockers charged was received prior to 29/03/2004 though the locker rent charges was included in the services of banking services with effect from 10/09/2004. However, as per notification no. 25/04-ST dated 10/09/2004, the value of locker rent, charges received prior to 10/09/2004 is exe....

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....udgments of this Tribunal in the case of Small Industries Development Bank of India (SIDCO) and Housing and Urban Development Corporation Ltd. (HUDCO), the matter was referred to larger bench. In this position, we observe that there is no malafide intention on the part of the appellant. Therefore, the demand for the extended period is not sustainable and the same is set aside. For the same reason,....