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2014 (9) TMI 216 - AT - Service TaxWorks contract services - valuation - composition scheme - applicability of Rule 2A of the Service Tax (Determination of Value) Rules, 2006 - Held that:- In the contracts there was a specific mention as to the value of the goods supplied. The quantum of consideration in respect of service is also mentioned. The case of the Revenue is that the applicants are paying service tax on the estimate value mentioned in the contracts. We find that before the adjudicating authority the applicants produced the actual data regarding the value of goods transferred in execution of the contract and the VAT paid in respect of all the contracts. The actual value of property of goods transferred in execution of the contract is the value adopted for purposes of payment of VAT and shall be taken as value of property in goods transferred in execution of the said work contracts for determination of value of service portion in the execution of the contract. In the present case, data in respect of actual value of property in goods transferred in execution of the work is available and produced before the adjudicating authority and the same has not been taken into consideration while confirming the demand. - matter requires reconsideration - matter remitted back - decided in favor of assessee.
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