Retail sale value of franchisor's products was not excludible from the taxable value of beauty parlour services because the assessee failed to produce contemporaneous invoices/bills in the contractually prescribed manner and produced no VAT registration or VAT payment evidence, defeating the plea of independent sale; consequently, service tax demand was sustained. CENVAT credit was held inadmissible as it was never taken during the relevant period/adjudication and, in any event, cannot be availed beyond the prescribed time-limit as settled by binding Larger Bench law; consequently, credit benefit was denied. Extended limitation was upheld due to suppression with intent to evade, evidenced by non-payment and non-filing of returns despite registration; consequently, demand, interest, and Section 77(2) penalty were upheld, with Section 78 penalty modified, and the appeal dismissed - CESTAT
Retail sale value of franchisor's products was not excludible from the taxable value of beauty parlour services because the assessee failed to produce contemporaneous invoices/bills in the contractually prescribed manner and produced no VAT registration or VAT payment evidence, defeating the plea of independent sale; consequently, service tax demand was sustained. CENVAT credit was held inadmissible as it was never taken during the relevant period/adjudication and, in any event, cannot be availed beyond the prescribed time-limit as settled by binding Larger Bench law; consequently, credit benefit was denied. Extended limitation was upheld due to suppression with intent to evade, evidenced by non-payment and non-filing of returns despite registration; consequently, demand, interest, and Section 77(2) penalty were upheld, with Section 78 penalty modified, and the appeal dismissed - CESTAT
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
Join Channel
TaxTMI 
