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2015 (10) TMI 859 - AT - Service TaxValuation - Job work - manufacture of Alcoholic Beverages (i.e., Beer) - inclusion of surplus/profit retained by the Brand owners (BO, M/s UBL) - Held that:- the amount returned to BO is in so far as “surplus/profit” of BO, cannot be included in the taxable value. The amount “surplus/profit retained by BO” as claimed by the appellant, had been returned to BO and therefore such amount cannot be included in the taxable value. Valuation - inclusion of reimbursement of expenses - Job work - Held that:- In view of the decision of the Hon’ble Delhi High Court in the case of M/s Intercontinental Consultants and Technocrats Pvt Ltd [2012 (12) TMI 150 - DELHI HIGH COURT], we hold the reimbursable expenses paid to the appellant in so far as cost and expenditure as stipulated under Rule 5(i) Service Tax Valuation Rules, 2006 can not be included in the taxable value. Waiver of Penalty under Section 76 & 78 – Service rendered for manufacture of Alcoholic Beverages (i.e., Beer) - Held That:- while challenging constitutional validity of the levy before the Hon’ble High Court, they also paid their Service Tax alongwith interest as per their determination before issue of the Adjudication order. In such situation, the appellant shown the reasonable cause for waiver of penalty under Section 76 and 78. – Penalty waived.
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