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2013 (5) TMI 452 - Commissioner - Service TaxRecruitment and supply of personnel - valuation u/s 67 - inclusion of reimbursement of salary and other contributions - held that:- There is no dispute that the amount received from the clients i.e. M/s. Hutch and M/s. Zenta was reimbursable amount as the show cause notice itself admits. It is settled law that the principle of taxation is to tax only on the consideration received and retained. In the instant case various expenses incurred during the course of business activity were paid to the persons concerned. For example there cannot be second opinion that amount paid TNEB cannot be included in the taxable value for demanding Service tax. Likewise other amounts received also were paid to the concerned persons and were not retained by the appellant and hence the demand of Rs. 60,418/- is not sustainable. Consequently no interest and penalty are also demandable.
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