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2017 (11) TMI 418 - AT - Service TaxValue based exemption - N/N. 4/07 dated 1-3-2007 - case of appellant is that during the period 2007-08, 2008-09 and 2009-10 exemption of threshold limit of ₹ 8 Lacs/10 Lacs was not considered by the Commissioner(Appeals) under the N/N. 6/05-ST dated 1-3-2005, 04/07-ST dated 1-3-2007 and 08/2008-ST dated 1-3-2008 - Held that: - the Ld. Commissioner denied exemption upto threshold limit of ₹ 10 Lacs during the year 2008-09 on the ground that the appellant have exceeded the limit of ₹ 8 Lacs in the preceding financial year i.e. 2007-08. However, as per the amendment N/N. 8/2008-ST dated 1-3-2008, the value of the preceding financial year i.e in 2007-08 should not exceed ₹ 10 Lacs. This is not under dispute that the appellant have not exceeded ₹ 10 Lacs in 2007-08, hence they are entitle for exemption upto ₹ 10 Lacs in the year 2008-09. The appellant in their chart claimed that cum tax value on total value i.e. ₹ 8,06,224/- in year 2007-08 and ₹ 15,05,984 in 2008-09, which is not correct. For the exempted value i.e. ₹ 8 Lacs and ₹ 10 Lacs respectively cum tax benefit not available being the said amount is not liable for service tax. The adjudicating authority is directed to re-quantify the demand - appeal allowed by way of remand.
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