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TMI Blog2017 (11) TMI 1276X X X X Extracts X X X X X X X X Extracts X X X X ..... hich is as per the pre-declared publicity material, as part of non-monetary consideration requiring addition to the monetary consideration to arrive at the gross value - there is nothing to hold that the scheme is other than a bonafide practice - valuation rules cannot be invoked - appeal allowed - decided in favor of appellant. - Service Tax Appeals No. 50493-50495 and 50514 of 2014 - Final Order No. 57680-57683/2017 - Dated:- 3-11-2017 - Hon ble Shri S.K. Mohanty, Member (Judicial) And Hon ble Shri B. Ravichandran, Member (Technical) Shri Sanjiv Agarwal, C.A. for the appellants Shri Amresh Jain, Authorized Representative (DR) for the respondent ORDER Per. B. Ravichandran These four appeals are involving a c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lower Authorities held that there is non-monetary consideration to be determined in such type of scholarship scheme and accordingly the difference between the normal fee and the concessional fee is to be treated as a non-monetary consideration and service tax on the same was sought to be demanded. The lower authorities confirmed such proposition and also imposed penalties on the main appellant as well as the other appellants. 3. The learned Counsel appearing for all the appellants submitted on the following lines :- (a) the appellants are conducting commercial coaching or training for competitive examination. They are advertising their courses. In order to attract bright and better candidate and also to promote their business they ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s whether the main appellant are correct in discharging service tax only on the amount received from the candidates who participated in the coaching classes without taking the consideration uniformly for all the candidates. In other words, whether the concessional rate of fee collected from certain category of candidates can be considered as a bonafide transaction eligible for treatment as gross value under Section 67 for tax purpose or not. We have perused a sample prospectus announcing the scholarship programme. It is clear that said scholarship programme is to extend concession in the course fee to a particular set of candidates listed therein. The nature of candidates is either based on their proficiency in particular field based on the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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