
Raja Abhishek For NIRC 2024
over 1 year ago
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ššš¦š§šš§ ššµšŗš²š±š®šÆš®š± š„šš¹š¶š»š“ š¼š» š¦š²šæšš¶š°š² š§š®š š®š»š± ššæš²š² š¦šš½š½š¹š¶š²š š¢ The Tribunal ruled:
"Value of free supplies of accommodation, traveling, and food expenses would not warrant inclusion while arriving at the gross amount on which service tax is payable."
š šš®š°šš: šš¼šŗš½š®š»š: Niko Resources ššššš²: The appellant, Niko Resources, received consulting engineering services from outside India and incurred expenses (accommodation, traveling, and food) for engineers on behalf of the service provider during the provision of the service.
āļø ššš±š“šŗš²š»š: The Tribunal, following Delhi High Court and Supreme Court rulings, held that only the value of services rendered is taxable, excluding free supplies, and allowed the appeal accordingly.
š šš®šš² šš»š³š¼šæšŗš®šš¶š¼š»: š§š¶šš¹š²: Niko Resources vs. Commissioner of Central Excise & ST, Vadodara-I š¦šš„š©ššš š§šš« šš½š½š²š®š¹ š”š¼. 10042 of 2015-DB š¢šæš±š²šæ šš®šš²: 23 February 2024
This ruling confirms that free supplies provided to service providers during the course of their service should not be included in the gross amount for service tax calculation.
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