2019 (2) TMI 18 - AT - Service Tax

Valuation - inclusion of value of cement and steel supplied free of cost in assessable value - Held that - The issue stands settled in the case of M/s. Bhayana Builders Pvt. Ltd. 2018 (2) TMI 1325 - SUPREME COURT OF INDIA wherein the Hon ble Apex Court has held that the value of free supplies need not be included - demand cannot sustain - appeal allowed - decided in favor of appellant.

Summary

Issues: Whether the value of free supplies should be included in the total taxable value for discharging service tax liability.

Analysis:
The case involved the appellants engaged in Civil Construction Works who had not included the value of cement and steel supplied free of cost by their clients in the total taxable value for discharging their service tax liability. The Department contended that the value of free supply should be included in the total taxable value. A Show Cause Notice was issued, and after due process of law, the demand, interest, and penalties were confirmed by the Original Authority and upheld by the Commissioner (Appeals). The appellant challenged this before the Tribunal.

During the proceedings, the appellant's consultant referred to the decision in the case of C.S.T. Vs. M/s. Bhayana Builders Pvt. Ltd. and argued that the issue of including the value of free supplies in the total taxable value was settled by the Hon’ble Apex Court, which held that such value need not be included to discharge the service tax liability. On the other hand, the respondent supported the findings in the impugned Order.

After hearing both sides, the Tribunal focused on the specific issue of whether the value of free supplies should be included in the total taxable value for discharging the service tax liability. The Tribunal noted the precedent set by the case of M/s. Bhayana Builders Pvt. Ltd., where the Hon’ble Apex Court had categorically held that the value of free supplies need not be included. Consequently, the Tribunal held that the demand could not be sustained and set aside the impugned Order.

In conclusion, the Tribunal allowed the appeal with consequential reliefs, if any, as per law. The operative part of the order was pronounced in open court, bringing the matter to a close.