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1 - 10 of 10 (0.24 seconds)M/S. Uco Bank, Kolkata vs Commissioner Of Service Tax, Kolkata on 25 September, 2014
In view of the above, we come to the conclusion that the services
rendered by the Appellants in advancing loans etc. are exempt.
Therefore, the amount of interest earned in advancing of loans needs to
be taken into consideration while determining the amount to be reversed
in term of Rule 6(3A)(c) of the CENVAT Credit Rules, 2004. Hence, we do
not find any infirmity in the impugned order passed by the
commissioner. We find that such a view is in conformity with decision of
the Kolkata Bench of Tribunal in case of UCO Bank Vs Commissioner of
Service Tax Kolkata (Supra) and these bench in the case of HDFC
(Supra).
Section 4 in Finance Act, 1999 [Entire Act]
Section 67 in Finance Act, 1999 [Entire Act]
Section 73 in Finance Act, 1999 [Entire Act]
Section 78 in Finance Act, 1999 [Entire Act]
Section 66 in The Finance Act, 2018 [Entire Act]
Union Of India vs M/S Intercontinental Consultants And ... on 7 March, 2018
3.5. Service Tax of directors sitting fees: The Appellants submits
that sitting fees paid to directors was brought under Service Tax vide
RCF by virtue notification 45/2012 dated 07.08.2012.The learned
commissioner confirmed the demand not only on the sitting fees of the
directors but also on the reimbursed expenses observing that the CA
certificate did not certify the actual sitting fees and reimbursement.
Reimbursement expenses are not to be included in view of Supreme
Court decision in the case of UOI Vs Intercontinental consultant and
Technocrats Pvt. Ltd (2018-19) Taxman.com 67 SC. No demand on
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Appeal No. ST/85914 /2016 & ST/86028/16
sitting fees can be confirmed prior to 01.08.2012 as the notification was
issued in 07.08.2012. The Appellants have discharge the liability from
01.07.2012.
Section 67 in The Finance Act, 2018 [Entire Act]
Commissioner Of Central Excise Pune-I vs M/S. Krohne Marshall Pvt. Ltd. on 15 July, 2016
6.6 Coming to the levy of Service Tax on the Directors' sitting fees we
find that the Appellants has submitted that the demand was confirmed
not only on the sitting fees but also on the expenses reimbursed. The
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Appeal No. ST/85914 /2016 & ST/86028/16
Learned Commissioner has not considered this request only on the issue
that the CA Certificate did not certify actual sitting fees and expenses
reimbursed. We find force in the Appellants argument that reimbursed
expenses are not to be included in the value of the taxable services in
view of Hon'ble Supreme Court decision in the case of Intercontinental
Consultants& Technocrat Pvt. Ltd. (Supra). Therefore, we find that this
issue also needs to go back to the adjudicating authority for a proper
appreciation of the facts of the case and to give allowance in respect of
reimbursed expenses to the Appellants.
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