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    <title>2010 (12) TMI 471 - CESTAT, NEW DELHI</title>
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    <description>For clearing and forwarding agent services, reimbursed expenses incurred in providing the service were treated as prima facie includible in taxable value under the gross amount charged approach, because Rule 5 required inclusion unless the provider acted as a pure agent. For the earlier period, valuation under Section 67 and Rule 6(8) was read consistently, so commission or remuneration did not exclude service-related reimbursed expenses. As the appellant was not shown to be a pure agent, there was no prima facie basis to exclude those expenses from valuation or to seek waiver of pre-deposit.</description>
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      <link>https://www.taxtmi.com/caselaws?id=204852</link>
      <description>For clearing and forwarding agent services, reimbursed expenses incurred in providing the service were treated as prima facie includible in taxable value under the gross amount charged approach, because Rule 5 required inclusion unless the provider acted as a pure agent. For the earlier period, valuation under Section 67 and Rule 6(8) was read consistently, so commission or remuneration did not exclude service-related reimbursed expenses. As the appellant was not shown to be a pure agent, there was no prima facie basis to exclude those expenses from valuation or to seek waiver of pre-deposit.</description>
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