9911796707
TMI Blog2011 (1) TMI 636X X X X Extracts X X X X X X X X Extracts X X X X ..... tal amount of consideration consisting of all components of taxable service - The fact that it is not only the supplies made by the service provider or materials used by him which form a part of the service, but also other considerations which are non-monetary in nature, are also required to be taken into account - Appeal is disposed of - ST/644/2010 - 28/2011 - Dated:- 7-1-2011 - Justice R.M.S. Khandeparkar, Shri Rakesh Kumar, JJ. REPRESENTED BY :Ms. Vani H., Advocate, for the Appellant. Shri D.P. Nagendra Kumar, JCDR, for the Respondent. [Order per : Justice R.M.S. Khandeparkar, President]. Heard the Advocate for the appellant and the JCDR for the respondent. 2. The present application has been filed in the appeal a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wered against the contention of the assessee while taking into consideration the provisions of Section 66 and 67 of the Finance Act, 1994, and, therefore, no fault can be found with the orders passed by the authorities below. 5. As regards the order of the Tribunal in Cemex Engineers is concerned, undoubtedly, relief was granted by quoting the explanation clause of the said notifications. However, the relief was based on the provision of law comprised under Section 67 as it prevailed prior to its amendment to the Finance Act. Prior to its amendment. Section 67 of the Finance Act specifically enumerated the items which were excluded from the value of the taxable service. There is no such exclusion w.e.f. of 18th April, 2006. In fact, this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t be determined, equivalent money value of consideration which cannot be less than the cost of the provisions of taxable service, is required to be taken into account and value of taxable service is the total value of taxable service is the total amount of consideration consisting of all components of taxable service. Rule 5 provides that all expenditure/cost incurred by service provider are to be treated as consideration. Rule 5 also provides examples of different types of expenses. Neither in the written submission nor during the presentation of arguments before us, the provisions relating to the valuation of services and the gross amount charged were discussed in detail. We find that the above provisions are very relevant and have a bear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as consideration other than in the form of money and therefore the value has to be included. Rule also provides that if such value cannot be determined, service provider has to determine equivalent money value of such consideration. Therefore, we are unable to agree with the contention of the appellant made by the paragraph 12 above. 6. As regards the decision of the Madras High Court in Larsen Toubro is concerned, it was a mere interim relief passed on the basis of prima facie view, which is apparent from the order itself. 7. Being so, the law being well settled by the decision of the Tribunal in Jaihind Projects case, no prima facie case has been made out for the grant of waiver of tax amount along with interest payable in terms of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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