Service tax refund allowed on additional charges recovered from customers without availing CENVAT credit. Gross amount charged basis for service tax payable.

Service tax refund claim allowed by Appellate Tribunal for additional service tax paid on charges recovered from customers. Appellant issued credit notes to customers for additional charges along with service tax thereon. Customers did not avail CENVAT credit. As per contract, appellant was required to transmit gas through pipeline to buyers' premises. Additional charges over approved rate for gas transmission during October 2008 to July 2009 were not approved by Ministry. Service tax payable u/s 67 on gross amount charged by service provider. Since gross amount charged was less by additional service charge, service tax paid thereon is refundable. Impugned order set aside, appeal allowed. .....

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