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2019 (11) TMI 65 - CESTAT MUMBAIValuation - non-inclusion of ‘policy administration charge’ collected from recipients of ‘life insurance’ service in the assessable value - Rule 5(1) of Service Tax (Determination of Value) Rules, 2006 - HELD THAT:- It is seen from the records that the appellant, having been served with one show cause notice on 23rd August 2007, proposing to recover tax liability on the consideration as provider of ‘banking and other financial services’, taxable under section 65(105)(zm) of Finance Act, 1994, for the period from 1st April 2004 to 31st March 2007, was given relief, which dropped proceedings. Extended period of limitation - HELD THAT:- Palpably, the period for which recovery has been confirmed would be within the sanction of law only if extended period was so invoked. In the light of the transactions of the appellant having been subject to scrutiny and proceedings initiated on the earlier occasion, the notice was precluded from seeking recovery beyond the normal period prescribed in section 73 of Finance Act, 1994 - As the period covered in the present show cause notice is 2007-08 and the notice was issued in 2013, the demand fails to overcome the bar of limitation. The appeal is allowed without dilating on the submissions pertaining to scope of the taxing entry.
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