CCE Vs. ANKIT CONSULTANCY LTD. AND SHRI

JUDGEMENT

(1.) THESE are two appeals filed by the Revenue challenging the order of Commissioner (Appeals) made on 7th April, 2005. In the impugned order, the learned Commissioner had set aside the order of the adjudicating authority holding that the work carried out by the appellant for various clients and service rendered by them would not fall under the category of business auxiliary service.

(2.) AGGRIEVED by the said order of the Commissioner (Appeals), the Revenue has filed these two appeals. The main contentions of the learned authorized representative for the Department are based on the findings of the adjudicating authority in his order.

(3.) THE respondent company is admittedly providing the services as the registrar to an issue (RTA) and share transfer agent (STA). They are also engaged in the preparation of voter list for Chief Electoral officer, Bhopal. The various activities which are to be undertaken by the respondent company as contained in Regulation 14(2) of the SEBI as indicated in para 6 of the Assistant Commissioner's order dated 15.12.2004 read as follows: In the instant case, Party No. 1 is bound by Regulation 14(2) of the SEBI (Registrar to an issue and Share transfer Agents) Regulation 1993, the same specifies the General Obligations and responsibilities of a RTA which are as follows: Every registrar to an issue shall also maintain the following records with respect to: