TMI Blog2018 (8) TMI 24X X X X Extracts X X X X X X X X Extracts X X X X ..... period prior to 01.04.2011 is not legally sustainable as the Point of Taxation Rules, 2011 came into effect on 01.04.2011. The issue of includability of reimbursible expenses or cost in value of taxable services prior to May 14, 2015 has been held in favor of the assessee by the Hon’ble Supreme Court in the case of U.O.I vs. M/s Intercontinenatal Consultants and Technocrats Pvt Ltd [2018 (3) T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng with interest and imposition of equivalent amount of penalty under Section 78 of the Finance Act, 1994. Penalties were also imposed under Section 76 and 77 of the Act. In appeal, the adjudication order was upheld except that penalties under Section 76 and 77 were set aside. 2. Ld. C.A. for the appellant submits that the demand is mainly on account of the difference between the figures in ST- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng both the sides, prima facie, we find that the issue of calculation of service tax as per balance sheet prepared on accrual basis for the period prior to 01.04.2011 is not legally sustainable as the Point of Taxation Rules, 2011 came into effect on 01.04.2011. The department has also accepted this position as is evident from the copy of the order of Commissioner (Appeals) dt. 02.05.2018 in the c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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