9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (10) TMI 1155 - AT - Service TaxValuation - Banking and other Financial Services - includibility of out of pocket expenses - contention in the show-cause notice was that the postal and telegram and swift charges collected by the bank as out of pocket expenses during the period from April 2005 to March 2010 were liable for service tax - whether the reimbursement of expenses is to be included in the value of taxable service or not during the relevant period? Held that - This issue was examined by the Hon ble Supreme Court elaborately in the case of Intercontinental Consultants and Technocrats Pvt. Ltd. 2018 (3) TMI 357 - SUPREME COURT OF INDIA and the Hon ble Supreme Court has held that reimbursable expenses are not to be included in the value of taxable service for the purpose of service tax. The impugned order is not sustainable in law - appeal allowed - decided in favor of appellant.
Issues Involved:
1. Inclusion of reimbursed expenses in the value of taxable services. 2. Allegation of suppression of facts and imposition of penalties. 3. Applicability of judicial precedents. Detailed Analysis: 1. Inclusion of Reimbursed Expenses in the Value of Taxable Services: The core issue in the present case is whether the reimbursement of expenses should be included in the value of taxable services. The appellant, a banking company, argued that the expenses reimbursed by the customers were not part of the taxable services and thus did not attract service tax. The appellant contended that these were merely reimbursements for expenses incurred on behalf of the customers, such as postal, telegram, and swift charges, and were not for any service rendered under the category of 'Banking and Other Financial Services'. The Tribunal relied on the Supreme Court's judgment in the case of Intercontinental Consultants and Technocrats Pvt. Ltd., where it was held that reimbursable expenses are not to be included in the value of taxable services for the purpose of service tax. The Supreme Court emphasized that "valuation of taxable services for charging service tax, the authorities are to find what is the gross amount charged for providing 'such' taxable services." The Court further clarified that any amount not calculated for providing such taxable service cannot be part of that valuation. 2. Allegation of Suppression of Facts and Imposition of Penalties: The appellant argued that there was no suppression of facts as the reimbursement of expenses was shown in their accounts, and thus no penalty should be levied. The Commissioner, however, imposed a penalty under Sections 77 and 78 of the Finance Act, 1994, alleging short payment of tax and suppression of facts. The Tribunal, considering the Supreme Court's ruling and the appellant's disclosure of reimbursed expenses in their accounts, found that the penalties were not justified. The Tribunal noted that the issue of reimbursed expenses being part of taxable services was already settled by various judicial decisions, which supported the appellant's stance. 3. Applicability of Judicial Precedents: The appellant cited several judicial precedents to support their argument, including decisions from the High Courts and the Tribunal itself. The Tribunal acknowledged these decisions, particularly noting that the issue was no longer res integra and had been settled by higher judicial authorities. The Tribunal specifically mentioned the following cases: - Intercontinental Consultants & Technocrats (P) Ltd. Supreme Court - Duttmenon Dunmorrsett. Delhi High Court - Feroke Agencies Kallai Heights CESTAT Bangalore - Askar Timbers CESTAT Bangalore - Central Bank of India CESTAT Chandigarh - National Trades & Agencies CESTAT Bangalore - State Bank of India, Andhra Bank CESTAT Hyderabad - Rajasthan Renewable Energy Corporation Ltd. CESTAT New Delhi - Quality Council of India CESTAT New Delhi - Sankhla Udyog CESTAT New Delhi - Bharat Sanchar Nigam Ltd. CESTAT Bangalore - Vulcan Industrial Engg. Co. P. Ltd. CESTAT Mumbai - MP Water & Power Management Institute CESTAT New Delhi - Bank of India CESTAT Hyderabad The Tribunal concluded that by following the ratios of these decisions, particularly the Supreme Court's ruling in Intercontinental Consultants and Technocrats Pvt. Ltd., the impugned order was not sustainable in law. Consequently, the Tribunal set aside the impugned order and allowed the appeal with consequential relief to the appellant. Conclusion: The Tribunal's judgment emphasized that reimbursed expenses are not to be included in the value of taxable services, aligning with the Supreme Court's interpretation. The penalties imposed for alleged suppression of facts were also set aside, considering the appellant's transparency in their accounts and the settled judicial precedents supporting their position. The appeal was allowed, and the impugned order was set aside, providing relief to the appellant.
|
