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2023 (10) TMI 60 - AT - Service TaxValuation of service tax - non-inclusion of value of free supply of materials, in the gross amount, for arriving at the taxable turnover for payment of service tax - HELD THAT:- Admittedly the free supply, in the facts of the present case, of reinforcement and structural steel, was not part of the gross value of the contract, as agreed between the parties. In the facts of this case are covered in favour of the Appellant assessee by the ruling of the Apex Court in COMMISSIONER OF SERVICE TAX ETC. VERSUS M/S. BHAYANA BUILDERS (P) LTD. ETC. [2018 (2) TMI 1325 - SUPREME COURT], where it was held that the value of free supply of materials cannot be added to the gross value of the composite contract/works contract for calculation of service tax, whether the free supplies to construction service provider is outside the taxable value or gross amount charged, within the meaning of expression in Section 67 of the Finance Act. The impugned order set aside - appeal allowed.
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