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2018 (12) TMI 1778 - AT - Service TaxValuation - CHA service - amount reimbursed by the clients of the Respondent - inclusion of values realized towards Statutory Expanses such as Cess, Customs Duties, Port Duties, etc and also values realized towards general charges, labour charges, transportation, miscellaneous charges, sea and air freight charges, drawback claim, go-down rent, service charges etc. incurred by them on such reimbursement - HELD THAT - The issue in the present case id squarely covered by the decision in the case of UNION OF INDIA AND ANR. VERSUS M/S. INTERCONTINENTAL CONSULTANTS AND TECHNOCRATS PVT. LTD. 2018 (3) TMI 357 - SUPREME COURT where it was held that only with effect from May 14, 2015, by virtue of provisions of Section 67 itself, such reimbursable expenditure or cost would also form part of valuation of taxable services for charging service tax. Impugned order upheld - appeal dismissed - decided against Revenue.
Issues Involved:
1. Short payment of Service Tax during 2002-03 to 2005-06 under "CHA Service." 2. Short payment of Service Tax at 8% instead of 10.2% for a specific period. 3. Non-payment of Service Tax on the GTA Service under the "Reverse Charge Mechanism." 4. Whether reimbursed amounts by clients are liable to Service Tax. Detailed Analysis: Issue 1: Short Payment of Service Tax during 2002-03 to 2005-06 under "CHA Service" The Respondent-Assessee, engaged in providing Custom House Agent Service (CHA Service), realized ?51,03,93,329/- for such services during the period from 2002-03 to 2005-06. They paid Service Tax of ?2,05,11,753/- after deducting values realized towards statutory expenses and other charges incurred on reimbursement. The Show Cause Notice dated 16/10/2007 alleged short payment of Service Tax for this period. The Adjudicating Authority confirmed a demand of ?5,612/- and Education Cess of ?112/-, totaling ?5,724/-, which was already paid. However, the demand of ?5,77,73,801/- and Education Cess of ?8,31,557/- was dropped. Issue 2: Short Payment of Service Tax at 8% Instead of 10.2% for a Specific Period For the period from 10/09/2004 to 15/09/2004, there was a short payment of Service Tax at 8% instead of the applicable 10.2% on the taxable value of ?56,118/-. The Adjudicating Authority directed the Respondent to pay an interest of ?4,015/- for delayed payment of Service Tax for November 2003, and a penalty of ?5,724/- was imposed under Section 76 of the said Act. Issue 3: Non-Payment of Service Tax on GTA Service under the "Reverse Charge Mechanism" The Show Cause Notice also alleged non-payment of Service Tax on the GTA Service under the "Reverse Charge Mechanism" from 01/01/2005 to 31/03/2006. However, the Adjudicating Authority did not confirm this demand, focusing instead on the other issues. Issue 4: Whether Reimbursed Amounts by Clients are Liable to Service Tax The primary dispute was whether the amounts reimbursed by the clients of the Respondent were liable to Service Tax. The Department argued that the reimbursed amounts should be treated as the assessee’s expenses for running the business and thus be included in the taxable value. The Respondent contended that reimbursable expenses should not be subject to Service Tax, citing CBEC Circular No F. No.B43/1/97-TRU dated 06.06.1997, which clarified that service tax should be computed only on gross service charges billed by the Custom House Agent to the client, excluding statutory levies and other reimbursable expenses. Judgment Analysis: 1. Statutory Provisions and Circulars: - Section 65(105)(h) defines "taxable service" related to CHA. - Section 66 imposes a tax on the value of taxable services. - Section 67 outlines the valuation of taxable services, declaring that the gross amount charged includes any amount received towards the taxable service before, during, or after provision. - CBEC Circular No F. No. B/43/1/97-TRU (06.06.1997) clarified that service tax is computed only on gross service charges billed by the CHA, excluding reimbursable expenses. 2. Precedents: - Excel India Pvt. Ltd. Vs. Commissioner of Service Tax, Bangalore: Reimbursable expenses, when charged on a notional or equalized basis, are not chargeable to service tax. - Bax Global India Ltd. Commissioner of Service Tax: Reimbursable expenses unrelated to CHA activities should not be subjected to service tax. - International Shippers & Traders Pvt. Ltd. vs. Customs and Service Tax, Visakhapatnam-I: Affirmed by the Supreme Court, stating that only from May 14, 2015, reimbursable expenditure or cost would form part of the valuation of taxable services. - Union of India Vs. Intercontinental Consultants Technocrats Pvt. Ltd.: The Supreme Court held that reimbursable expenses were not included in the valuation of taxable services until the amendment in 2015. 3. Tribunal's Decision: - The Tribunal observed that the issue of reimbursable expenses being included in the value of taxable services is settled by the aforementioned decisions. - The Tribunal found no infirmity in the Adjudicating Authority's order and sustained it. - The appeal filed by the Department was dismissed as devoid of merits, and the Cross Objection was disposed of. Conclusion: The Tribunal upheld that reimbursable expenses were not liable to Service Tax for the period before May 14, 2015, aligning with established judicial precedents and statutory provisions. The Department's appeal was dismissed, affirming the Adjudicating Authority's decision.
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