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Invoices that expressly showed service tax separately preclude claiming cum-tax valuation under Section 67(2); non-payment of tax by the tenant did not absolve the supplier, who remained liable to discharge tax on the gross invoice amount and interest, while recovery should have been pursued by debit/credit note or other lawful means. The appellant's pre-show-cause payment of duty with interest and demonstrated bonafide financial difficulty warranted discretionary relief: the adjudicated duty and interest were sustained but the balance penalty was set aside under the statutory relief provision (Section 80).
Invoices that expressly showed service tax separately preclude claiming cum-tax valuation under Section 67(2); non-payment of tax by the tenant did not absolve the supplier, who remained liable to discharge tax on the gross invoice amount and interest, while recovery should have been pursued by debit/credit note or other lawful means. The appellant's pre-show-cause payment of duty with interest and demonstrated bonafide financial difficulty warranted discretionary relief: the adjudicated duty and interest were sustained but the balance penalty was set aside under the statutory relief provision (Section 80).
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