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TMI Blog2019 (1) TMI 912X X X X Extracts X X X X X X X X Extracts X X X X ..... g the maximum number of students, the appellants are advertising their courses and for promoting their business, they have devised certain innovative schemes. There is a programme of scholarship to the meritorious students. This scholarship is provided by way of percentage concession in the course fee which is otherwise normally fixed and charged from all the candidates in the normal courses of business. The scholarship which is nothing but a concession in the fee charged by the appellant in the normal course of their business. The department has entertained a view that the amount of concession in the name of scholarship given by the appellant to its various students is in a way a non-monetary consideration and as per Section 67 of the Fina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ount is primarily the fee amount which has been charged by the appellant from the students and, therefore, it has been contended that there is no violation of provisions of Section 67 (1) I of the Finance Act, 1994. 4. It has further been added that scholarship/discount/fee concession which is being offered by the appellant to all the students and same is mentioned in their prospectus itself and same is universally available and applicable to all the students who seek admission into their institute and qualifying as per the criteria for such concession or scholarship. The learned Consultant has also submitted that the matter is no longer res-integra in their own case, this Tribunal vide its Final order No. 57680-57683/2017 dated 03/11/2017 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to any candidate fulfilling certain criteria the same cannot be considered as a transaction influencing the actual money payment. (c) the penalties imposed are also not sustainable in the facts and circumstances of the case. 4. The learned AR submitted that the fees normally fixed are determined and applicable to all candidates. For certain type of candidates whose profile can be used by the appellants for business promotion certain concessions are given. He supported the findings of the lower authorities to the effect that his transaction between the main appellants and the candidates who avail the concessional rate cannot be considered as part of normal business transaction and accordingly Rule 3 was correctly invoked in this case. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry consideration to arrive at the gross value. We find no reason to invoke valuation rules in the present set of facts. There is no sustainable reason to reject the scheme published by the appellants for fee concession as long as it is a bonafide trade practice. We could not find any reason to hold that the scheme is other than a bonafide practice. As this is the only dispute in the present appeals, we hold that the appellants will succeed on this point."
7. In view of above, we hold that the order-in-original is devoid of any merits and same is set-aside.
8. Appeal is accordingly allowed. The miscellaneous application also stands allowed.
(Operative part of the order pronounced in the open court.) X X X X Extracts X X X X X X X X Extracts X X X X
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