2015 (11) TMI 1187

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....13,57,364/- on receipt of after the receipt the commission amount for providing the services. 2.1 The issue in the present case is what is the relevant date prescribed for payment of Service Tax when service is provided to an associate enterprise. The Order-in-Appeal refers to Section 67(4) of the Finance Act which deals with valuation of services. It was amended on 10.05.2008 to redefine gross amount charged by inclusion of clause (c) to Section 67(4) of the Finance Act, 1994. Clause (c) read as:- "gross amount charged includes ...............................................book adjustment, and any amount credited or debited, as the case may be, to any account, whether called Suspense Account or by any other name, in the books of accoun....

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....ppellant stated that proper bills were raised on the associate enterprises, the money was received through banking channels, there was no book adjustment between them and the associate enterprises and their transaction does not fall under the ambit of the said explanation under the third proviso to Rule 6(1) of the Service Tax Rules. He relied on CBEC Circular/letter D.O.F. No. 334/1/2008-TRU dated 29.02.2008, which clarifies that Service Tax is leviable on taxable services provided by the person liable to pay Service Tax even if the amount is not actually received but the amount is credited or debited in the Books of Account of the service provider. 5. The learned A.R. reiterates the findings of the Commissioner (Appeals). 6. I have care....