9911796707
TMI Blog2015 (11) TMI 1187X X X X Extracts X X X X X X X X Extracts X X X X ..... le 6(1) as it stood during the relevant period (before 01.04.2011). There is no confusion on this. Appellant have clearly shown the dates on which the payments are received through the banking channels. There is no book adjustment outside the scope of the invoices raised to the Associate Enterprises. The lower authorities have completely mis-interpreted the provisions of the Rules and the Act. The amount has not been credited to the appellant's account. Simple recording of invoice amount as receivable in the Books of Account does not mean that there is a book adjustment in every case. If Revenue's view is taken as correct, the provision of law which states that Service Tax payment is linked to the receipt of payment of service, would ren ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... count or by any other name, in the books of account of a person liable to pay Service Tax, where the transaction of taxable service is with any associate enterprise. Similarly, an explanation was added under third proviso to Rule 6(1) of the STR by Notification No. 19/2008-ST dated 10.05.2008, which reads as under:- For Removal of doubts, it is hereby declared that where the transaction of taxable service is with any associate enterprises, any payment received towards the value of taxable service, in such case shall include any amount credited or debited, as the case may be, to any account, whether called suspense account or by any other name, in the books of account of a person liable to pay Service Tax. Revenue is of the vi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . reiterates the findings of the Commissioner (Appeals). 6. I have carefully gone through the facts of the case. It appears that the implication of amendment to Section 67(4) of the Act and the inclusion of explanation under Rule 6(1) has been misread by the lower authorities. Section 67(4) merely clarifies that, apart from the amount charged by raising invoices, if any other amount is charged to the service receiver and adjusted in the Books of Account against any amount payable to the service receiver, the same shall still be includable in gross amount charged for service provided in terms of Section 67(1). Section 67(1) is the provision under which value of taxable service is to be determined. Further Rule 6, during the relevant time, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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