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    <title>2024 (5) TMI 465 - CESTAT KOLKATA</title>
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    <description>CESTAT Kolkata held that reimbursable expenses received by C&amp;amp;F agent at predetermined rates are includable in assessable value for service tax purposes, following the precedent in Sri Bhagavathy Traders case. The tribunal found expenses were paid on lumpsum basis monthly, not actual reimbursement, making them part of service consideration. However, extended period of limitation was rejected as no evidence established wilful suppression or intent to evade tax, with appellant having registered and paid tax on commission. Demand was restricted to normal limitation period with penalty set aside due to absence of suppression with intent to evade.</description>
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    <pubDate>Thu, 09 May 2024 00:00:00 +0530</pubDate>
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      <title>2024 (5) TMI 465 - CESTAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=752412</link>
      <description>CESTAT Kolkata held that reimbursable expenses received by C&amp;amp;F agent at predetermined rates are includable in assessable value for service tax purposes, following the precedent in Sri Bhagavathy Traders case. The tribunal found expenses were paid on lumpsum basis monthly, not actual reimbursement, making them part of service consideration. However, extended period of limitation was rejected as no evidence established wilful suppression or intent to evade tax, with appellant having registered and paid tax on commission. Demand was restricted to normal limitation period with penalty set aside due to absence of suppression with intent to evade.</description>
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      <pubDate>Thu, 09 May 2024 00:00:00 +0530</pubDate>
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