2014 (9) TMI 853

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.....2004 to 10.05.2007 by executing works related to Polo Victory Cinema Hall, in Jaipur. Appellant preferred an appeal thereagainst which was rejected by the Commissioner (Appeals), Customs and Central Excise, Jaipur, vide the order dated 17.09.2012. 2. On 15.02.2003, the owner (Shri Om Prakash Sharma) of the immovable property in issue entered into an agreement with Sh. Shakti Charan Srivastava and Sh. Saket Charan Srivastava (developers) for development of the property. Under this agreement, developers undertook construction and renovation of a building for the Cinema hall, on terms whereby 50% of the built up space would accrue to the benefit of the owner and the remaining 50% to the developers. Thereafter the developers entered into an....

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....that the expression 'gross amount charged' is defined in sub-clause (c) of sub-section 4 of Section 67. As introduced by the amendment w.e.f. 18.04.2006, 'gross amount charged' includes payment made by cheque, credit card, deduction from account or issuing of credit notes or debit notes etc. On the basis of this subsequent legislative exposition of the expression 'gross amount charged', Counsel contends that its only a consideration received in monetary terms which is susceptible to valuation of the taxable service and such consideration is alone liable to be computed for determination of service tax, prior to 18.04.2006. 4. W.e.f. 18.04.2006, (suffice to notice), amendments to Section 67 brought within the fold of valuation of taxable s....