2016 (4) TMI 779

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.... For the Petitioner : Shri Krishnamohan K. Menon, Advocate For the Respondent : Shri Ranjan Khanna, Authorized Representative (DR) ORDER PER. B. RAVICHANDRAN :- The applicant is before us praying for waiver of pre-deposit of service tax of Rs. 75,98,749/- confirmed by the impugned order dated 13/3/2014 alongwith penalty of equivalent amount and additional penalty of Rs. 5,000/-. ....

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....loss being less than 3%) the value towards the same is to be added as a consideration for the service rendered by the applicant. Reliance was placed on the provision of Section 67 of Finance Act, 1944 readwith Rule 3 of the Service Tax Valuation Rules (STVR) to confirm that the recovered loss is an additional consideration which should be taken to arrive at the gross value of taxable service. 3....

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....bsence of evidence to show that the reduction in ground loss and consequent gain in the form of fines cannot be added to the pre-fixed consideration for the purpose of service tax liability. He also contended that all the details are captured in the records and the question of suppression and consequently demand for extended period cannot be legally sustainable. 4. Having heard both the sides, ....