2009 (1) TMI 37 - AT - Service Tax

Whether the amount paid by appellant (LIC) to the club agents in the name of club expenses and gratuity have to be included in the gross value of taxable service - original authority did not consider that payment of gratuity was under Welfare Scheme of LIC - appellants should be given an opportunity to produce evidence in terms of the Circular F.No.246/01/02-CX-4 where it is clarified that out of pocket expenses which are reimbursable on actual basis will not be subject to tax - case remanded

Summary

Issues:
- Whether the amount paid by the appellant to the club agents in the name of club expenses, claimed to be reimbursed, should be included in the gross value of taxable service.

Analysis:
The appeals in question stemmed from a common order passed by the Commissioner (Appeals), Jaipur, and the central issue revolved around the inclusion of the amount paid by the appellant to club agents in the gross value of taxable service. The Commissioner noted the lack of documentary evidence from the appellant to substantiate that the payments were indeed reimbursements for expenses like traveling, boarding, or lodging. The appellant's representative cited a Board Circular from 2004, emphasizing that out-of-pocket expenses reimbursed on an actual basis, such as those for travel, boarding, and lodging, are not subject to service tax if specific conditions are met. However, the appellant did not contest the requirement to provide evidence for such reimbursable expenses and requested an opportunity to present the necessary documentation.

In light of the arguments presented, the Tribunal found merit in granting the appellant the chance to produce evidence in line with the Board's Circular. Consequently, the matter was remanded to the adjudicating authority to assess the evidence to be furnished by the appellant regarding club expenses that were purportedly reimbursed on an actual basis, as outlined in the Board Circular dated 9.2.2004. Ultimately, the Tribunal allowed all the appeals by remanding the case for further examination and consideration based on the evidence to be provided by the appellant.