9911796707
TMI Blog2016 (12) TMI 395X X X X Extracts X X X X X X X X Extracts X X X X ..... 377; 10,50,790/- which have to be considered as consecutive payments received out of which an amount of ₹ 78,669/- needs to be deducted as value for the services rendered to SEZ units. This value of ₹ 78,669/- has been rendered to SEZ unit is undisputed. In our view for the year ended 2009-10 appellant has not exceeded the threshold limit of ₹ 10 lakhs as prescribed under Notification No.6/2005-ST as amended by Notification 8/2008-ST. In view of this the demand raised for the year 2009-10 are unsustainable and liable to be set aside. Consequently, the demands raised for the year 2010-11 are also unsustainable as the entire demand has been worked out on the basis that appellant is not eligible for the benefit of Notificati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 11 was also requantified by denying exemption under the said Notification. 4. Learned Consultant would draw our attention to the factual position and submit that for the year 2009-10 appellant had actually received ₹ 10,50,790/- out of which approximately, ₹ 78,669/- needs to be reduced as services were provided to SEZ unit. If this calculation is taken into consideration, appellant remains within the exemption limit of ₹ 10 lakhs for the year 2009-10 and subsequently no demand would arise for the year 2010-11. He would draw our attention to the Income Expenditure Account for the year ended 2010-11 as attested by their Chartered Accountant. He would also submit that identical issue came before the Bench in the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ture account of appellant for the year ended 2010 records receipt of ₹ 10,50,790/- which have to be considered as consecutive payments received out of which an amount of ₹ 78,669/- needs to be deducted as value for the services rendered to SEZ units. This value of ₹ 78,669/- has been rendered to SEZ unit is undisputed. In our view for the year ended 2009-10 appellant has not exceeded the threshold limit of ₹ 10 lakhs as prescribed under Notification No.6/2005-ST as amended by Notification 8/2008-ST. In view of this the demand raised for the year 2009-10 are unsustainable and liable to be set aside. Consequently, the demands raised for the year 2010-11 are also unsustainable as the entire demand has been worked o ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
