Rajasthan HC Directs State to Not Take Coercive Steps Against Meat Shop Owners  ||  Gujarat HC Grants Leave to Complainant under Section 12 Despite Completion of Inquiry  ||  Kerala HC: Can’t Liberally Construe Benefit of S. 14 Limitation Act Just to Save a Lis  ||  Delhi HC: Absence of Deceased’s Train Ticket Cannot Negate Legitimacy of Compensation Claim  ||  Supreme Court Outlines Essential Components of Valid Legal Notice  ||  Rajasthan HC: Arbitral Award Beyond Express Terms of Contract is Patently Illegal  ||  Delhi High Court Passes John Doe Order in Favour of Sadhguru  ||  SC: Law Does Not Require that a Fact Requires to be Proved on Absolute Terms Bereft of all Doubts  ||  SC Issues Notice on Plea Against NCLAT Mandating Committee of Creditors Nod for CIRP Withdrawal  ||  SC: Wife Remaining Unmarried after Divorce Entitled to Maintenance Reflecting her Standard of Life    

Akshoy Kumar Ghosh And Sons vs. Commissioner of Central Excise & Service Tax - (Customs, Excise and Service Tax Appellate Tribunal) (19 Apr 2024)

Reimbursable expenses are not includible in the taxable value of services

MANU/CK/0106/2024

Service Tax

The Appellant is in appeal against the impugned order wherein the demand of service tax has been raised on account of non-inclusion on reimbursable expenses incurred by the Appellant in taxable services.

The Appellant has claim that they are the pure agents. In support of their claim, the Appellant has filed various agreement with their Principal, which shows that the appellant is the pure agent and all the expenses of Principal are for taking and delivery of the goods, for making payment for transportation, freight of clearing and forwarding services for the purposes of agency. All the charges paid are to be reimbursed to the appellant on actual basis as the appellant is a pure agent.

The Appellant is only pure agent and all the expenses for transportation, loading and un-loading etc. paid by the Appellant were reimbursed from the Principal on actual basis. The Appellant is not required to include the reimbursable expenses in their taxable services.

Moreover, the present issue whether the reimbursable expenses are includable in the taxable value or not, has been examined by this Tribunal in the case of Ganga Carrier Private Limited.As this Tribunal has already held that, the reimbursable expenses are not includible in the taxable value of services, therefore, present Tribunal hold that the reimbursable expenses in this case, are also not includable in the taxable value of service. Therefore, the Appellant has correctly paid the service tax during the impugned period. Consequently, no demand of differential service tax is sustainable against the appellant. There is no merit in the impugned order and the same is set aside. Appeal allowed.

Tags : DEMAND   CONFIRMATION   LEGALITY  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved