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TMI Blog2012 (8) TMI 131X X X X Extracts X X X X X X X X Extracts X X X X ..... ant – Held that:- claim is to set off Cenvat credit against liability incurred - assessable value shall include reimbursable expenses, matter needs remand to consider Cenvat issue - there shall be no penalty under Sections 76 and 78 of the Finance Act, 1994 - ST/376 OF 2007 - ST/A/220 OF 2012-CUS. - Dated:- 9-2-2012 - D.N. PANDA, RAKESH KUMAR, JJ. Amresh Jain for the Appellant. R. Nair ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er may be restored. 3. Shri R. Nair, Id. Representative for the assessee submits that the law is clear about no inclusion of expenses to the assessable value. Therefore, the respondent did not include the expenditure incurred for manpower and security services provided. It was grievance of the respondent before the Appellate Authority that in case adjudication is upheld, the respondent is enti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f at all liability is determined, it should be re-quantified granting benefit of Cenvat credit and waving penalty. 6. Heard both sides and perused the records. 7. We have no disagreement to hold that expenses incurred to provide taxable services shall be part of assessable value with such expenses are inseparable and are integrally connected, the performance of the taxable services. Such e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng Authority, to support its claim and satisfy him. Accordingly holding assessable value shall include reimbursable expenses, matter needs remand to consider Cenvat issue. 9. No doubt, law was in debatable stage and the matters travelled to the Larger Bench for reaching to finality. Consequently, there shall be no penalty under Sections 76 and 78 of the Finance Act, 1994. By this, we do not sa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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