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2013 (11) TMI 802 - AT - Service TaxValuation - Exemption Notification No.12/03-ST - Value of spare parts used while providing such service within the warranty period - Waiver of pre deposit - Held that:- The meaning of 'sale' used in the Finance Act, 1994, and in Rules made thereunder, has to be understood as it is defined in the Central Excise Act, 1944 and as per such definition at Rule 2(h) there is a sale of property when there is transfer of possession of goods by one person to another for valuable consideration. In the facts of the case there is payment of valuable consideration by HML and transfer of possession to the customer of HML. The question whether it is sale to HML can be considered at the time of final hearing of appeal. Considering the decision of the Hon. Apex Court in the case of BSNL Vs. Union of India [2006 (3) TMI 1 - Supreme court], prima facie, we are of the view that service tax is payable only on the value of the services and not on the value of goods involved in this transaction - Prima facie case in favour of assessee - Stay granted.
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