Service tax valuation of reimbursed expenses u/r 5-exclusion upheld for periods before 14 May 2015 amendment. The dominant issue was whether reimbursable expenditure/expenses could be included in the taxable value of services under Rule 5 of the Service Tax ...
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Service tax valuation of reimbursed expenses u/r 5-exclusion upheld for periods before 14 May 2015 amendment.
The dominant issue was whether reimbursable expenditure/expenses could be included in the taxable value of services under Rule 5 of the Service Tax (Determination of Value) Rules, 2006. Relying on its earlier ruling, the SC held that prior to 14 May 2015, Rule 5 could not expand the valuation beyond Section 67 of the Finance Act, 1994, and reimbursement could be included in the assessable value only prospectively from 14 May 2015 when Section 67 was amended to expressly permit it. Consequently, the appeals were dismissed and reimbursement remained excludible from valuation for the pre-amendment period.