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TMI Blog2017 (11) TMI 418X X X X Extracts X X X X X X X X Extracts X X X X ..... the preceding financial year i.e in 2007-08 should not exceed ₹ 10 Lacs. This is not under dispute that the appellant have not exceeded ₹ 10 Lacs in 2007-08, hence they are entitle for exemption upto ₹ 10 Lacs in the year 2008-09. The appellant in their chart claimed that cum tax value on total value i.e. ₹ 8,06,224/- in year 2007-08 and ₹ 15,05,984 in 2008-09, which is not correct. For the exempted value i.e. ₹ 8 Lacs and ₹ 10 Lacs respectively cum tax benefit not available being the said amount is not liable for service tax. The adjudicating authority is directed to re-quantify the demand - appeal allowed by way of remand. - ST/88017/13 - A/89896/17/STB - Dated:- 27-9-2017 - Mr Ramesh Nair, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... On ₹ 5,05,984.00(i.e. 15,05,984.00-10,00,00.00) @ 12.36%= ₹ 55,660.00 2009-2010 9,65,908.00 90,198.00 8,75,710.00 90,198.00 2010-2011 11,07,100.00 1,03,383.00 1,07,100(i.e. 11,07,100.00 -10,00,00.00) 1,07,100(i.e. 11,07,100.00 -10,00,00.00) = 10,001.00 2011-2012 18,84,327.00 1,75,962.00 17,08,365.00 Rs.1,75,962.00 2012-2013 upto July 12 8,30,246 94,070.00 7,38,916.00 Rs.94,070.00 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce from one or more premises, does not exceed rupees four lakhs in the preceding financial year From the show cause notice I find that during 2007-08 the aggregate value of services received by the appellant was ₹ 8,06,224/- and during 2008-09 it was ₹ 15,05,984/-. To ascertain the eligibility of the appellant for exemption under the said Notification during the year 2007-08 to verify their aggregate value of taxable services in the preceding financial year, their Balance Sheet for the year 2006-07 was called for vide this office letter dated 22.04.2013. The appellant vide letter dated 23.04.2013 instead submitted the copies of their income tax return and computation sheet for the year 2006-07, informing that the Bal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r i.e. 2007-08. However, as per the amendment Notification No.8/2008-ST dated 1-3-2008, the value of the preceding financial year i.e in 2007-08 should not exceed ₹ 10 Lacs. This is not under dispute that the appellant have not exceeded ₹ 10 Lacs in 2007-08, hence they are entitle for exemption upto ₹ 10 Lacs in the year 2008-09. The appellant in their chart claimed that cum tax value on total value i.e. ₹ 8,06,224/- in year 2007-08 and ₹ 15,05,984 in 2008-09, which is not correct. For the exempted value i.e. ₹ 8 Lacs and ₹ 10 Lacs respectively cum tax benefit not available being the said amount is not liable for service tax. As per our above discussion, the adjudicating authority is directed to re- ..... X X X X Extracts X X X X X X X X Extracts X X X X
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