9911796707
TMI Blog2024 (2) TMI 1305X X X X Extracts X X X X X X X X Extracts X X X X ..... the same in the gross transaction value has been discharged by the respondent. In the result, the impugned order is upheld and the Revenue s appeal being devoid of merit, accordingly dismissed. - DR. D.M. MISRA, MEMBER (JUDICIAL) AND MRS. R. BHAGYA DEVI, MEMBER (TECHNICAL) Mr. Dyamappa Airani, Jt. Commissioner(AR) for the Appellant Mr. Jose Jacob, Advocate for the Respondent ORDER This is an appeal filed by the Revenue against the Order-in-Original No. COC-EXCUS-000-COM-19 20-18-19 dt. 04/07/2018 passed by the Commissioner of Central Excise and Service Tax, Kozhikode. The respondents are NBFC and are, inter alia, engaged in providing gold loan to various customers. It is alleged that in the process of rendering ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd therefore demanding service tax again adding the gross transaction value would result into recovery of the service tax twice on the same value. 4. Heard both sides and perused the records. 5. The short issue involved in the present appeal for determination is: whether the value of expenses like inspection charges, postage charges, telegram charges etc. are to be included in the gross transaction value. After considering the evidences on record, the learned Commissioner has observed as under:- 10. The major contention of the notice is that the demand is made on the expense figure of the assesse, which does not correspond to any recovery from their customers and hence not to subject to service tax levy as there is no consideratio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e remains a surmise without any sembalance of certitude. I therefore find that the demand fails and falters for want of evidence for recovery of the expenses which may have a nexus with the service provided by the assesse and may be leviable to service tax in terms of 5(1) of the Service Tax (Determination of Value) Rules after the amendment of s.67 by the Finance Act, 2015. 11. Furthermore, I have verified the ledger accounts voluntarily submitted before me by the assesse in respect of the relevant accounts, viz. Travelling and Conveyance , Legal and Professional Charges , Postage, Telegram and Telephone and Bank Charges and find that there are no entries therein, whatsoever, indicating that the notices having recovered/collecte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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