Whether the amount which has been paid
by the service recipient to the appellant is inclusive or exclusive of service
tax liability?
As
per this system of taxation, tax borne by the consumer of goods/services is
collected by the assessee (manufacturer/service provider) and remitted to the
Government. When the amount is collected for the provision of services, the
total compensation received should be treated as inclusive of service tax due
to be paid by the ultimate customer of the services unless service tax is also
paid by the customer separately. So considered, when no tax is collected
separately, the gross amount has to be adopted to quantify the tax liability
treating it as value of taxable service plus service tax payable.
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