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Value of free supply to be included in assessment of service tax, Service Tax

Issue Id: - 110939
Dated: 21-9-2016
By:- ramswaroop vyas

Value of free supply to be included in assessment of service tax


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Dear All,

We are giving small works contract to contractor for installation of machine or repair and maintance, we provide him maximum of material required for the process apart from small like welding rod etc are used by him.

now we are paying service tax on 70% of value.

My question is ...does the value of material given by us to our services provider will be included in tax compution.

regards

ram vyas

Posts / Replies

Showing Replies 1 to 4 of 4 Records

Page: 1


1 Dated: 21-9-2016
By:- YAGAY AND SUN

In current scenario the law says about fair value but previously there was specifically denial on this matter by the hon'ble High Court. In our opinion there is no such requirement to pay service tax on material supplied free of cost.


2 Dated: 22-9-2016
By:- Ganeshan Kalyani

The matter is not yet decided by Apex court. The revenue contest that free issue of material should be added to work out service tax amount based on valuation rule. Whereas assessee's contention is free issue material does not have consideration and thereby does not fulfill the provision under Finance Act and therefore not to include the value of free issue of material.

Sri Ramswaroop Ji, now it is upto you to take a stand from above discussion. Thanks.


3 Dated: 23-9-2016
By:- MARIAPPAN GOVINDARAJAN

The value of free supplied material cost is not to be included.


4 Dated: 24-9-2016
By:- Ganeshan Kalyani

Bhayana Builders case is pending in Apex Court in the matter of free issue of material.


Page: 1

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