Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2017 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (9) TMI 1191 - AT - Service TaxValuation - construction service - inclusion of free of cost materials supplied - Revenue entertained a view that supply of such free of cost materials should be considered as advance payment for taxable service, with reference to date of supply of such materials - interpretation of Section 67 of the Finance Act, 1994 - Held that: - reliance placed in the case of M/s Bhayana Builders (P) Ltd. & Others Versus CST, Delhi & Others. [2013 (9) TMI 294 - CESTAT NEW DELHI (LB)], where it was held that The value of goods and materials supplied free of cost 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. Free supplies by service recipient cannot be included in the gross value charged for taxable service - appeal allowed - decided in favor of appellant.
|