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2015 (11) TMI 345 - CESTAT MUMBAI

2015 (11) TMI 345 - CESTAT MUMBAI - 2016 (42) S.T.R. 50 (Tri. - Mumbai) - Demand of service tax - cum-tax benefit expended to the assessee - commission received by them for sale of RBI bonds - Held that:- Adjudicating authority has held that the respondent has received an amount of ₹ 7,01,26,712/- as commission from Reserve Bank of India for the sale of bonds. Undoubtedly, no service tax was paid on the said amount and accordingly the conclusion reached by the adjudicating authority that t .....

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s not charged. - impugned order is correct - Decided against Revenue. - Appeal No: ST/379/2011, Cross-Objection No: ST/CO-77/2011 - Final Order Nos. A/2687-2688/2015-WZB/STB - Dated:- 12-8-2015 - Shri M V Ravindran, Member (Judicial) And Shri C J Mathew, Member (Technical) For the Petitioner : Ms. P.V. Sekhar, Dy. Commissioner (AR) For the Respondent : Shri Harish Bindumadhavan, Advocate ORDER Per: M.V. Ravindran: This appeal is preferred by the Revenue against Order-in-Original No: 06/ST-II/KKS .....

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service tax liability and the interest thereof. Revenue is aggrieved by the impugned order only on the ground that the adjudicating authority should not have considered the amount received by respondent-company as cum-tax amount. 4. Learned Departmental Representative would reiterate the grounds of appeal which states that the transaction entered into by the contracting parties i.e. RBI and the respondent herein, is on the premise that the service rendered would not be liable to service tax; the .....

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e only if manufacturer is able to prove that the price of goods includes excise duty payable. 5. The learned counsel would rely upon the same judgment of the Tribunal in the case of Advantage Media Consultant (supra) and would submit that this judgment has been upheld by the apex Court by dismissing the civil appeals filed by the Revenue. He would also rely upon Trade Notice No. 20/2002 dated 23/05/2002 issued by Delhi II Commissionerate wherein it was clarified that the amounts recovered will b .....

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t the entire amount needs to be considered as cum-tax amount and tax liability worked out on such value is the correct conclusion and the judgment of the Tribunal in the case of Advantage Media Consultant (supra) holds so. We reproduce the said judgment below: 3. Service tax is an indirect tax. As per this system of taxation, tax borne by the consumer of goods/services is collected by the assessee (manufacturer/service provider) and remitted to the Government. When the amount is collected for th .....

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