2015 (11) TMI 345

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....er (Judicial) And Shri C J Mathew, Member (Technical) For the Petitioner : Ms. P.V. Sekhar, Dy. Commissioner (AR) For the Respondent : Shri Harish Bindumadhavan, Advocate ORDER Per: M.V. Ravindran: This appeal is preferred by the Revenue against Order-in-Original No: 06/ST-II/KKS/2011 dated 16/03/2011 passed by the Commissioner of Service Tax, Mumbai II 2. Heard both the sides an....

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....e respondent herein, is on the premise that the service rendered would not be liable to service tax; the respondent failed to adduce any evidence to prove that the value of taxable service was inclusive of service tax and the first appellate authority has incorrectly relied upon the judgment of the Tribunal in the case of Advantage Media Consultant 2008 (10) STR 449 while the judgment of the hon'b....

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....ions made by both the sides and on perusal of the records, we find that the Revenue's appeal is devoid of merits. The adjudicating authority has held that the respondent has received an amount of Rs. 7,01,26,712/- as commission from Reserve Bank of India for the sale of bonds. Undoubtedly, no service tax was paid on the said amount and accordingly the conclusion reached by the adjudicating authori....

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....unt has to be adopted to quantify the tax liability treating it as value of taxable service plus service tax payable. We find that this principle has been legislated in the following terms with effect from 18.4.06 in Section 67(2) of the Finance Act, 1994 as amended: 67(2). Where the gross amount charged by a service provider, for the service provided or to be provided is inclusive of ser....