2018 (6) TMI 381 - AT - Service Tax

Valuation - inclusion of reimbursable expenses in assessable value - Held that - The issue stands settled by the judgment of the Hon ble Supreme Court in the case of Union of India Vs. Intercontinental Consultants and Technocrats Pvt. Ltd. 2018 (3) TMI 357 - SUPREME COURT OF INDIA , 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 - demand cannot sustain - appeal dismissed - decided against Revenue.

Summary

Issues:
Whether reimbursable expenses are includible in the total taxable value of services for levy of service tax.

Analysis:
The appeals were heard together as the issue in all of them was the same. The advocates for the appellants argued that demand of service tax on reimbursable expenses should not be included in the total taxable value of services. They cited a judgment of the Hon'ble Supreme Court in a specific case to support their argument. The details of each appeal, including the assessee, period of dispute, and amount involved, were presented. The ld. AR reiterated the findings in the impugned order, and both sides were heard.

The main issue for consideration was whether reimbursable expenses should be included in the total taxable value of services. The judgment of the Hon'ble Supreme Court was cited to settle this issue. The Court emphasized that Section 67, dealing with the valuation of taxable services, was amended in 2015 to include reimbursable expenditure as part of the taxable value. However, this amendment was prospective in nature. The Court referred to a Constitution Bench judgment to highlight the importance of interpreting legislation correctly and the presumption against retrospective operation of laws. Based on this analysis, the Court found no merit in the appeals and dismissed them.

In conclusion, the demand for service tax on reimbursable expenses was held to be unsustainable, and the impugned orders were set aside. The appeals were allowed with any consequential relief, and a miscellaneous application filed by Revenue was also allowed. The operative portion of the order was pronounced in open court.