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2014 (11) TMI 872 - AT - Service TaxValuation of goods - inclusion of the value of diesel supplied free of cost - Held that:- Issue of includibility of the value of free supplies in the gross amount charged has been decided by the Larger Bench of CESTAT in the case of Bhayana Builders (P) Ltd. Vs. Commissioner of Service Tax. Delhi - [2013 (9) TMI 294 - CESTAT NEW DELHI (LB)], wherein it has been unambiguously held that the value of free supplies by the service receiver to the service provider is not includible in the ‘gross amount charged’ by the service provider from the service receiver. In view of this, any further discussion on the issue involved is unnecessary and unwarranted. It is accordingly held that the demand confirmed on the basis that the value of diesel supplied free of cost by the service receiver is includible in the gross amount charged is unsustainable. When the demand itself is not sustainable, the question of any penalty simply does not arise. - Decided against Revenue.
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