Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2014 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (1) TMI 1606 - AT - Service TaxValuation - construction service - inclusion of value of free supply - Penalty u/s 77 & 78 - Held that:- The value of goods and materials supplied free of cost of by a service recipient to the provider of the taxable construction service, being neither monetary or non-monetary consideration paid by or flowing from the service recipient, accruing to the benefit of service provider, would be outside the taxable value or the gross amount charged, within the meaning of the later expression in Section 67 of the Finance Act, 1994 - Value of free supplies by service recipient do not comprise the gross amount charged under Notification No.15/2004-S.T., including the Explanation thereto as introduced by Notification No. 4/2005-S.T - imposition of penalties under Section 77 & 78 of the Finance Act, are not sustainable - Decided in favour of assessee.
|