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2015 (9) TMI 586 - DELHI HIGH COURT

2015 (9) TMI 586 - DELHI HIGH COURT - 2015 (39) S.T.R. 423 (Del.) - Waiver of pre deposit - business auxiliary services - inclusion of the reimbursement expenses as the value of the taxable services - Held that:- Intercontinental Consultants (2012 (12) TMI 150 - DELHI HIGH COURT) held that rule 5 (1) - which sought to include expenditure or costs incurred by the service provider in the course of providing taxable services in the value for the purpose of charging service tax - to be contrary to S .....

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gned demand is consequentially set aside. - Decided in favour of assessee. - CEAC 9/2015, CM APPL.3433-3434/2015, 4102/2015 - Dated:- 7-4-2015 - Mr. S. Ravindra Bhat and Mr. R.k. Gauba, JJ. For the Petitioner : Mr. Ruchir Bhatia, Advocate. For the Respondent : Ms. Sonia Sharma, Sr. Standing Counsel for Service Tax Department with Mr. Vijay Chandra Jha, Advocate. ORDER Heard counsel for the parties. The appellant contends that the order of the Customs, Excise and Service Tax Appellate Tribunal (C .....

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imbursement expenses as the value of the taxable services. The appellant resisted the proceedings but without any avail. The show cause notice was confirmed by the Order in Original dated 10.10.2012 and the demand for ₹ 14,04,69,188/- was made. An appeal was preferred to the CESTAT along with an application seeking waiver of pre-deposit. The CESTAT granted partial relief, in that, 50% of the demand was directed to be complied with and the balance waived, as a pre-condition for hearing of t .....

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