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TMI Blog2017 (3) TMI 1508X X X X Extracts X X X X X X X X Extracts X X X X ..... material component the turnover for the financial year remains ₹ 7,34,425/- and for this year for the first time the turnover is exceeding four lakhs, they will be entitled to the threshold exemption. Accordingly, the benefit of threshold exemption for the financial year 2005-06 is allowable under N/N. 6 of 2005-ST - matter on remand to the Adjudicating Authority for the limited purpose of recalculating the tax payable, after allowing the threshold exemption and the set off for material component - appeal allowed in part by way of remand. - ST/53691/2014-CU[DB] - ST/A/70243/2017-CU[DB] - Dated:- 7-3-2017 - Mr. Anil Choudhary, Member (Judicial) And Mr. Anil G. Shakkarwar, Member (Technical) Shri R.K. Tiwari, Advocate for the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e not disclosed their proper affairs to the Revenue and have suppressed information and accordingly proposed to recover the service tax amount of ₹ 16,32,410/- with further proposal to appropriate the amount already paid ₹ 6,02,987/- and further penalty was proposed under Sections 76, 77 and 78 of the Act. The SCN was decided ex-parte as the appellant had not filed any reply and/or representation nor had appeared for personal hearing confirming the proposed demand alongwith appropriation as proposed. Further, penalty of ₹ 5000/- was imposed under Section 77 for non-filing of the ST-3 returns and equal amount of penalty ₹ 16,32,410/- was imposed under Section 78 of the Act. Being aggrieved the appellant had preferred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submissions and evidences on record, we find that the appellant is entitled to deduction of the material component from the gross amount. Before this Tribunal, the appellant have also filed a detailed calculation chart for the disputed period, according to which the service tax payable after making deduction for material component comes to ₹ 5,45,744/-. The learned counsel also urges that upon reducing the material component the turnover for the financial year remains ₹ 7,34,425/- and for this year for the first time the turnover is exceeding four lakhs, they will be entitled to the threshold exemption. Accordingly, we allow the benefit of threshold exemption for the financial year 2005-06 as allowable under Notification No. 6 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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