The tribunal held that the amounts received by the appellant for ...
Govt undertaking wins tax battle over reimbursements for medical, dog squad & event costs.
Case Laws Service Tax
November 15, 2024
The tribunal held that the amounts received by the appellant for reimbursement of medical expenses, dog squad maintenance costs, and expenses incurred for celebrating Republic Day and Independence Day were not in the nature of consideration for any services provided. These were mere reimbursements of expenses and not taxable under service tax. The issue was covered by a previous decision of the Hyderabad Bench, which held that reimbursement expenses should not be added to the gross value for calculating service tax payable. Regarding the extended period of limitation, the tribunal found merit in the appellant's argument that the confirmed demand was time-barred, as the appellant, being a reputed government undertaking, could not be said to have any intention to evade service tax payment. Consequently, the appeal filed by the appellant was allowed on merits and also on the ground of limitation.
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