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Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn MoreA voluntary organisation established on 6th July 1949, BCAS has presently more than 9,000 members from all over the country. BCAS is a principle-centered and learning-oriented organisation promoting quality service and excellence in the profession of Chartered Accountancy.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
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The appellant provided services of Consulting Engineer to National Highways Authority of India (NHAI) and received certain consideration in the form of reimbursements. As per revenue, the said consideration formed part of the value of service and hence levied tax, interest and penalty. In support of their view, they relied on Mett. Macdonald Ltd. vs. CCE 2006 (2) S.T.R. 524 (Tri.- Del) and Shri Bhagavathy Traders vs. CCE, Cochin-2011- TIOL-1155-CESTAT-BANG-LB. The appellant relied on CBEC Circulars B.43/5/97-TRU dated 02-07-1997 and B11/1/98-TRU dated 07-10-1998 which clarified that reimbursed expenses incurred by Consulting Engineers did not form part of the value of service and also relied on the decision in their own case reported in 2007 (5) S.T.R. 118 to the effect that such expenses would not be construed value of service of Consulting Engineers.
Held:
Allowing the appeal, it was held that the decision of the larger Bench of the Tribunal in Shri Bhagavathy Traders was under challenge before the Apex Court. In view of the clarification issued by the CBEC and the decisions relied by the appellant, the action of the appellant was bonafide and suppression cannot be alleged for invoking extended period of time for demanding tax.