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2017 (5) TMI 468 - AT - Service TaxValuation - Clearing and Forwarding Agency Service - various components/considerations/reimbursements received from M/s. HUL - includibility - Held that: - Section 67 of the FA, 1994 clearly stipulates that when the considerations for provision of service is partly consisting of money, the other considerations should be arrived at in money terms, for tax purposes - there is no merit that the inclusion of the notional rent for tax liability as a part of consideration. Time limitation - Held that: - the appellant did make intimation, in statutory returns regarding receipt of non-taxable considerations by them. Apparently, any scrutiny and assessment of such returns could have revealed more details regarding various categories of amounts on which the appellants are not paying service tax. These facts reveal that there is no case for invoking suppression or willful mis-statement against the appellant - penalties not imposed on same ground. Demand restricted to the normal period and penalties are also accordingly set aside - appeal allowed - decided partly in favor of appellant.
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