2025 (5) TMI 1986

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.... of common Order-in-Appeal bearing No. 118-119/2018 dated 08.02.2018. The details of appeals are as follows: Appeal No. Show Cause Notice No. Period of dispute O-I-O. No. Demand confirmed O-I-A. No. ST/52501/2018 14/5537 dated 10.04.2014 4/2012 to 3/2013 28/2014 dated 2.9.2015 2,29,767/- 118-119 dated 20.02.2018 ST/52502/2018 29/JV/D/14/ 1575 dated 9.4.2015 04/2013 to 03/2014 29/2015 dated 20.10.2015 2,25,628 118-119 dated 20.02.2018 ST/52503/2018 29/JY/D/1549/24 dated 20.10.2015 04/2012 t0 03/2013 28/2014 dated 2.9.2015 2,47,438/- 118-119 dated 20.02.2018 2. Facts relevant for present adjudication are as follows: 2.1 The appellant is engaged in provid....

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.... (i) Moriroku UT India (P) Ltd. Vs. State of UP- 2008 (3) TMI 513 - Supreme Court; (ii) M/s Murli Realtors Pvt. Ltd., & Others Vs. CCE, Pune-II- CESTAT Mumbai 5. Learned Departmental Representative has conceded that the issue is no more res integra, however, has reiterated the findings of the adjudicating authority below. 6. Having heard both the parties and perusing the entire record, the issue to be adjudicated is observed to be as follows: "whether the interest free security deposits taken by the appellant from their tenant/lessees leading to accrual of notional interest is an extra consideration to be included in the taxable value for the purpose of payment of service tax? 7. Foremost we look into the mea....

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....ny amount that is payable for the taxable services provided or to be provided; (b) "money" includes any currency, cheque, promissory note, letter of credit, draft, pay order, travellers cheque, money order, postal remittance and other similar instruments but does not include currency that is held for its numismatic value; (c) "gross amount charged" includes payment by cheque, credit card, deduction from account and any form of payment by issue of credit notes or debit notes and 1 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 account of a person liable to pay service tax, where the transaction of taxable servic....

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....law, under Rule 6 of the Valuation Rules, unless the department shows that the deposit taken has influenced the sale price, notional interest cannot be automatically included in the sale price for the purpose of levy. In the absence of a provision in law providing for a notional addition to the value/price charged, the question of adding notional interest on the security deposit as a consideration received for the services rendered cannot be sustained and we hold accordingly." (emphasis supplied) 9. A perusal of the aforesaid decision of the Tribunal also of the decision in Binani Safe Deposit Voults (supra) and in appellant's own case reveals that since the consideration for leasing of the property is rent, so what can be levied to s....