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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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Held:
Tribunal relying on the decision of the larger bench in the case of Bhayana Builders Pvt. Ltd. vs. Commissioner, Service Tax, held value of free supplies is not includible in the gross amount charged. Relying on the decision of Karnataka High Court in the case of Bill Forge Pvt. Ltd 2012 (26) S.T.R. 204 (Kar), where the Court taking due note of the judgment of the Supreme Court in the case of Ind-Swift Laboratories Ltd. 2012(25) S.T.R. 184 (S.C.) concluded “that Interest is compensatory in character and is imposed on an assessee who has withheld payment of any tax as and when it is due and payable” the Tribunal held that interest is not chargeable when CENVAT Credit was reversed without utilisation.
Note: It was noted by the Tribunal, the decision of the CESTAT, Mumbai in the case of Balmer Lawrie & Co. Ltd 2014 (301) E.L.T. 573 (Tri.) distinguishing the decision of the Karnataka High Court that when a judgment is sought to be distinguished, the difference in the facts should be such so as to have a material effect on the findings contained in the judgment. The Bench further stated that they are legally bound by the decision of the Karnataka High Court in absence of any judgment to the contrary of any other Court equivalent or superior to it.