2023 (8) TMI 1149

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....s of Blankets, Throws, Sheets Duvet, Sham, Bed skirt falling under Chapter Heading 63 of the CETA, 1985; export them to various countries. During the period from 1.4.2007 to 31.5.2012, the appellant while receiving the export proceeds, had received lesser amount than what is due to them from the foreign banks viz. Capital One, USA, Wells Fargo Bank, Hong Kong, Bank of Ayuthiya Public Co. Ltd. Thailand, Bank of America, USA and Citi Bank, USA who have provided the services to M/s. Kadri Wovens do not have any fixed establishment in India. The amount deducted by such foreign banks being bank charges and for that amount the appellant had not paid any service tax since the service would fall under 'Banking and Other Financial Service' in terms ....

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.... TMI 248. Section 65(105)(zm) of the Finance Act, 1994 falls under Rule 3(iii) of Taxation of Services (Provided from Outside India and Received in India) Rules, 2006. To attract this provision, services must be received in India. In the instant case, no services are received in India. Therefore, it is not a taxable service. 6. Shri N. Satyanarayanan, learned AC (AR) reiterated the findings in the impugned order. 7. We have heard both sides and perused the case records. We find that the main issue involved in this case is whether the amount which was deducted by the foreign banks towards banking charges are taxable under the service 'Banking and Other Financial Services' during the period from 1.4.2007 to 31.5.2012. A similar matter c....

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....al held as under:- 4. We find that the issue arising out of present dispute is no more res integra, in view of the decision of this Tribunal in the case of M/s. Dileep Industries Pvt. Ltd. Vs. CCE, Jaipur -2017 (10) TMI 1231-CESTAT, New Delhi. The relevant paragraph in the said decision is extracted herein below:- "4. After hearing both the parties and on perusal of record, it appears that the first issue is pertaining to the collection charges of the Indian bankers who in turn send the same to the appellant for collection to the foreign bankers. The department has demanded Rs. 2,37,087/- from the appellant. From the record, it appears that while exporting their goods, they lodged their bills for collection to the Indian B....