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2013 (12) TMI 797 - AT - Service TaxDemand of service tax - Reimbursement of charges/expenses - Whether assessee liable to pay reimbursement charges for the period prior to 18/04/2006 - Held that - subordinate rule cannot extend the valuation scope of a service to be determined under Sec. 67 of the Finance Act, 1944. Argument of the AR that appellants have not fulfilled the condition of Rule- 5(2) of the Service Tax (Determination of Value) Rules 2006 is not relevant in view of the fact that Rule-5 (1) itself has been struck down by Delhi High Court in its judgment dt. 30/11/2012 and no contrary judgment of any other High Court or Supreme Court has been brought to our notice - Following decision of Intercontinental Consultants & Technocrats Pvt. Ltd Vs. Union of India 2012 (12) TMI 150 - DELHI HIGH COURT - Decided in favour of assessee.
Issues involved:
- Customs House Agents raising two sets of invoices over the appellants for CHA services and reimbursement of charges. - Whether the appellants are required to pay Service Tax on reimbursement charges/expenses. - Interpretation of Rule 5(1) of the Service Tax (Determination of Value) Rules 2006. - Applicability of the Delhi High Court judgment in the case of Intercontinental Consultants & Technocrats Pvt. Ltd. - Fulfillment of conditions under Rule 5(2) of the Service Tax (Determination of Value) Rules 2006. Analysis: Issue 1: Customs House Agents raising two sets of invoices The appeals were filed against the orders passed by the Commissioner (Appeals) regarding the payment of Service Tax on reimbursement charges/expenses raised by Customs House Agents (CHAs). The Commissioner held that Service Tax was not required to be paid on such charges prior to 18/04/2006, but was required after the introduction of the Service Tax (Determination of Value) Rules 2006. Issue 2: Payment of Service Tax on reimbursement charges The advocate for the appellants argued that the provisions of Rule 5(1) of the Service Tax (Determination of Value) Rules 2006, which suggested an addition over the value of the service provided, could not be sustained. Citing the Delhi High Court judgment in the case of Intercontinental Consultants & Technocrats Pvt. Ltd., it was contended that such rules exceeded the mandate of Section 67 of the Finance Act, 1994. Issue 3: Interpretation of Rule 5(1) of the Service Tax Rules The argument presented by the department was that the appellants had not fulfilled the conditions specified in Rule 5(2) of the Service Tax (Determination of Value) Rules 2006. However, the Tribunal observed that Rule 5(1) itself had been struck down by the Delhi High Court, rendering the argument regarding Rule 5(2) irrelevant. Issue 4: Applicability of Delhi High Court judgment The Tribunal referred to the Delhi High Court judgment in the case of Intercontinental Consultants & Technocrats Pvt. Ltd., where it was held that the valuation of taxable services for charging Service Tax must be in line with Section 66 and Section 67 of the Act. The Tribunal noted that no contrary judgment from any other High Court or the Supreme Court had been brought to their notice. Conclusion: After thorough consideration and perusal of records, the Tribunal concluded that a subordinate rule like Rule 5(1) could not extend the valuation scope of a service under Section 67 of the Finance Act, 1994. Given the Delhi High Court's ruling and the absence of conflicting judgments, the appeals filed by the appellants were allowed, providing consequential relief.
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