Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2016 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (12) TMI 395 - AT - Service TaxSmall service provider exemption - determination of turnover not exceeding ₹ 10 lakhs - Notification No.6/2005-ST dated 01.03.2005 as amended by Notification 8/2008-ST dated 01.03.2008 - Held that: - It can be that explanation which was amended to read the amount as Ten lakhs that the first consecutive payments received during a financial year towards the gross amount needs to be considered for the aggregate value not exceeding ₹ 10 lakhs - In the case in hand we find that at page No.66, income and expenditure account of appellant for the year ended 2010 records receipt of ₹ 10,50,790/- which have to be considered as consecutive payments received out of which an amount of ₹ 78,669/- needs to be deducted as value for the services rendered to SEZ units. This value of ₹ 78,669/- has been rendered to SEZ unit is undisputed. In our view for the year ended 2009-10 appellant has not exceeded the threshold limit of ₹ 10 lakhs as prescribed under Notification No.6/2005-ST as amended by Notification 8/2008-ST. In view of this the demand raised for the year 2009-10 are unsustainable and liable to be set aside. Consequently, the demands raised for the year 2010-11 are also unsustainable as the entire demand has been worked out on the basis that appellant is not eligible for the benefit of Notification No.6/2005-ST as amended as for the proceeding financial year the turnover were more than Rupees Ten lakhs. Appeal allowed - decided in favor of appellant-assessee.
|