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2014 (10) TMI 646 - AT - Service TaxValuation of the taxable service - inclusion of value of free supply - construction of commercial or industrial complex - section 67 - whether the value of free issue material supplied by the service recipient has to be included while computing the gross amount charged for the purpose of exemption Notification No. 15/04-ST and 1/06-ST - Held that:- Just because the materials were sold by the service provider to the buyer and he in turn provided it as free supply for construction work, the nature of transaction between the service receiver and the service provider that of supply of goods free of cost in our opinion does not change. As regards other decisions relied upon by the learned A.R., we find that all of them were decisions which were rendered before the case of Bhayana Builders (Pvt) Ltd [2013 (9) TMI 294 - CESTAT NEW DELHI (LB)] and therefore the Larger Bench decision would prevail. We also take note of the fact that appellants have deposited an amount of ₹ 96,57,536/- in our opinion, this amount is sufficient towards pre-deposit for hearing the appeal. - stay granted.
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