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2015 (11) TMI 345 - AT - Service TaxDemand of service tax - cum-tax benefit expended to the assessee - commission received by them for sale of RBI bonds - Held that:- Adjudicating authority has held that the respondent has received an amount of ₹ 7,01,26,712/- as commission from Reserve Bank of India for the sale of bonds. Undoubtedly, no service tax was paid on the said amount and accordingly the conclusion reached by the adjudicating authority that the entire amount needs to be considered as cum-tax amount and tax liability worked out on such value is the correct conclusion and the judgment of the Tribunal in the case of Advantage Media Consultant (2008 (3) TMI 59 - CESTAT KOLKATA) holds so. - judgment has been upheld by the Hon’ble apex Court by dismissing Civil Appeal filed by the Revenue after condoning the delay which would mean that the value received for the taxable purpose needs to be considered as cum-tax amount if the service tax is not charged. - impugned order is correct - Decided against Revenue.
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