https://www.taxtmi.com/caselaws?id=754164 CESTAT MUMBAI held that determination of service tax under Section 73 of Finance Act, 1994 requires proper valuation of taxable services under Section 67. The tribunal found that charges were framed without examining appellant's books of account or admissible evidence to establish taxable value of Rs.4,54,64,051/-. Following precedent in M/S KUSH CONSTRUCTIONS case, revenue cannot raise demand without establishing that entire amount received constitutes consideration for services. The show cause notice lacked legal basis for determining taxable value, rendering it unsustainable. Commissioner (Appeals) order was set aside and appeal was allowed. en-us Mon, 10 Jun 2024 00:00:00 +0530 Tue, 18 Jun 2024 13:23:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=754164 CESTAT MUMBAI held that determination of service tax under Section 73 of Finance Act, 1994 requires proper valuation of taxable services under Section 67. The tribunal found that charges were framed without examining appellant's books of account or admissible evidence to establish taxable value of Rs.4,54,64,051/-. Following precedent in M/S KUSH CONSTRUCTIONS case, revenue cannot raise demand without establishing that entire amount received constitutes consideration for services. The show cause notice lacked legal basis for determining taxable value, rendering it unsustainable. Commissioner (Appeals) order was set aside and appeal was allowed. Case-Laws Service Tax Mon, 10 Jun 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=754164