service tax Litigation & Safeguard in IndiaService Tax liability, If Not Charged On the Bill Will Be Cum- Tax

April 27, 20160
CESTAT in the matter of M/s Raj Catering Services Versus Commissioner of Central Excise, Pune -2016 (4) TMI 938 – CESTAT MUMBAI held that 

The Service Tax liability, if not charged on the bill, the amount received by the appellant/assessee needs to be considered as cum-tax as Service Tax liability needs to be work place. 

It followed the ratio as laid downby Tribunal in the case of M/s Indian Coffee Workers Co-operative Society Ltd. Vs. Commissioner of Central Excise, Allahabad – 2013-TIOL-1440-CESTAT-DEL and  High Court of Madras in the case of Tamil Nadu Hotels Association Vs. Union of India – 2001 (133) ELT 265 (Mad.) .


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