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    <title>2026 (7) TMI 836 - CESTAT MUMBAI</title>
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    <description>Transaction charges paid by a commodity broker to stock exchanges and recovered from clients were not includible in taxable value for service tax during the disputed period. Sections 66 and 67 of the Finance Act, 1994 confined valuation to consideration for the taxable service actually provided, and Rule 5 of the Service Tax (Determination of Value) Rules, 2006 could not expand that statutory base to include reimbursed expenses. The later amendment expressly including reimbursable expenditure was substantive and applied prospectively. Consequently, demands, interest and penalties based on inclusion of those charges were unsustainable.</description>
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      <link>https://www.taxtmi.com/caselaws?id=794950</link>
      <description>Transaction charges paid by a commodity broker to stock exchanges and recovered from clients were not includible in taxable value for service tax during the disputed period. Sections 66 and 67 of the Finance Act, 1994 confined valuation to consideration for the taxable service actually provided, and Rule 5 of the Service Tax (Determination of Value) Rules, 2006 could not expand that statutory base to include reimbursed expenses. The later amendment expressly including reimbursable expenditure was substantive and applied prospectively. Consequently, demands, interest and penalties based on inclusion of those charges were unsustainable.</description>
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