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2018 (12) TMI 875 - AT - Service TaxValuation - includibility - inclusion of value of reinforcement steel and cement received free of cost in assessable value - N/N. 1/2006-ST dated 1.3.2006 - Held that:- Explanation (c) to Section 67 only provides for the modes of payments of book adjustments by which the consideration can be discharged by the service recipient to the service provider. It does not expand the meaning of the term “gross amount charged” to enable the department to ignore the contract value or the amount actually charged by the service provider to the service recipient for the service rendered - the value of the items supplied by the customers to the service provider on FOC basis is not includable in the taxable value of the service - demand set aside. Levy of equal penalty - Held that:- The appellants are big players in the field of construction. They cannot claim themselves to be at par with common man with average intelligence as claimed - appellant have not made any case to show the absence of mala fide intention - penalty imposed is restricted to 25% i.e. ₹ 8,19,008/-. Appeal allowed in part.
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