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2017 (5) TMI 1196 - CESTAT MUMBAIConstruction service - Valuation - value of material supplied free by clients for rendering services of commercial or industrial construction services - includibility - Held that: - the issue is no more res integra as Larger Bench of the Tribunal in the case of Bhayana Builders (P) Ltd. vs. CST, Delhi [2013 (9) TMI 294 - CESTAT NEW DELHI (LB)] has 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 FA, 1994 - the value of free supplied material from the service recipient need not to be included in the value of discharge of service tax liability - appeal allowed - decided in favor of assessee.
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