Determination of the taxable value for payment of service tax on ...

Correct Taxable Value for Goods Transport Services: Actual Payment, Not Invoice Value, Wins Appeal.

October 25, 2024

Case Laws     Service Tax     AT

Determination of the taxable value for payment of service tax on reverse charge basis by the service recipient in respect of Goods Transport Agency (GTA) Services. The key points are: The value of taxable service is the consideration received by the service recipient towards the provision of service, as defined u/s 67 of the Finance Act, 1994. The value is not based on the invoice value but the gross amount paid by the service recipient to the service provider. The appellant determined the taxable value as the actual amount paid after adjusting rewards and penalties, which is correct as per Section 67. Rule 6(1)(x) cannot override Section 67 and is not applicable in this case. The Supreme Court in Intercontinental Consultants case held that the value of taxable service shall be the gross amount charged by the service provider. Therefore, the impugned order enhancing the taxable value is incorrect, and the appeal is allowed.

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