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2018 (12) TMI 874 - AT - Service TaxRefund of Service tax - Section 11B of Central Excise Act, 1944 - reverse charge mechanism - Held that:- The opinion formed by original adjudicating authority while discarding the income from the nursery plant sale and the interest from bank FDs and NSCs holding the same as non taxable income is opined to be a wrong interpretation. Neither the definition of business entity nor that of turnover creates a distinction between taxable and the non taxable income. The net aggregate thereof has to be taken while calculating the turnover of the business entity. The Commissioner(Appeals) is opined to be correct while holding that “the Notification does not uses the word business turnover instead has used the work business entity with turnover”. Hence from the plain reading of Notification and understanding of word turnover it is clear that entire proceeds of business entity has to be considered - the findings of Commissioner (Appeals) have a legal as well as genuine basis. The Commissioner (Appeals) has rightly rejected the claim - appeal dismissed - decided against appellant.
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