Valuation
CESTAT,
NEW Delhi BENCH
Doon
Security Services
v.
Commissioner
of Central Excise, Meerut
S.S.
KANG, VICE PRESIDENT
STAY
ORDER NO. 555 OF 2007
November
7, 2007
Section 67 of the Finance Act, 1994 - Valuation of taxable services for charging service tax - Assessee was providing security agency service to various offices of BSNL - Revenue demanded service tax on gross amount received by it from said client along with penalty - Assessee contended that it was liable to pay service tax only on amount of commission received from its client - However revenue contended that in similar situation, Tribunal had held that provider of service of security agency was liable on gross amount received from customer - Whether in such circumstances it was not a fit case for waiver of pre-deposit of amount of service tax - Held, yes - Whether having regard to financial hardship plead by assessee pre-deposit requirement of penalty amount was to be waived - Held, yes [Para 4]