2008 (3) TMI 269 - AT - Service Tax

Computation of total receipt in respect of commercial coaching service - there is no evidence on record to show in addition to Rs.5,71,700/-, the appellant has also received Rs.3,50,000/- from their customers for providing taxable service - there is merit in the contention of the appellant and the total receipt of Rs.5,71,700/- are to be treated as inclusive of Service Tax held that amount of Service Tax is to be requantified

Summary

Issues:
1. Computation of total receipt in respect of commercial coaching service.
2. Treatment of total amounts received from customers as cum-tax.

Analysis:
Issue 1: The appellant appealed against an order confirming Service Tax and penalties. The appellant disputed the addition of Rs. 3,50,000/- to the assessable value for Service Tax assessment, arguing that this amount, voluntarily disclosed to the Income Tax department, was not received from customers for taxable services. The Revenue argued that the suppressed amounts received from customers were rightly added for Service Tax calculation. The Tribunal found no evidence of the appellant receiving Rs. 3,50,000/- from customers in addition to the undisputed Rs. 5,71,700/-, ruling in favor of the appellant. The total receipt of Rs. 5,71,700/- was deemed subject to Service Tax, treating it as inclusive of Service Tax based on precedent.

Issue 2: The appellant contended that total amounts received from customers should be treated as cum-tax. The Tribunal, in line with precedent, agreed with the appellant's position, requiring the requantification of Service Tax and penalties accordingly. The appeal was disposed of in favor of the appellant, emphasizing the treatment of total receipts as inclusive of Service Tax and the need for requantification based on the revised assessment.