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2018 (5) TMI 1470 - AT - Service TaxReversal of Cenvat Credit - Refund claim of excess service tax paid - the tax was paid on estimated basis and also due to arithmetical error in making calculation of amount payable under Rule 6 (3) (b) - valuation of services - Held that: - in terms of Section 67 (i) of the Finance Act, 1995 the value of service in case where the provision of service is for a consideration in money shall be the gross amount charged by the service provider for such service provided or to be provided by him. In the present case the services in question has been provided to the students by the Appellant. It is not the case that the students are directly remitting the fee to the IGNOU. The Appellant is collecting the fee and then remitting it to the IGNOU. The agreement between the Appellant and the IGNOU is of revenue sharing. However it does not ipso facto leads to exclusion of said amount remitted to the IGNOU from the purview of the consideration. Hence such amount is part of value of services. The whole consideration received by the Appellant is value of exempted service and the computation of 5/6% shall be made on such value - appeal dismissed - decided against appellant.
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