TMI Blog2015 (5) TMI 36X X X X Extracts X X X X X X X X Extracts X X X X ..... emed basis in terms of works contract - Held that:- Prima facie, the reasoning of the Commissioner denying the benefit of Notification No. 12/2003-ST suffers from infirmity inasmuch as, apart from the provisions of Notification No. 12/2003-ST, even in terms of Section 67 of Finance Act, the assessable value of the service rendered does not include value of the deemed sale of goods involved in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (T),JJ. For the Appellant : Shri Mohit Singh, Adv. For the Respondent : Shri B B Sharma , DR ORDER Per: R K Singh: Stay application along with appeal has been filed against Order-in-Original No. 20/2013/ST/JPR-I dated 3.4.2013 in terms of which a service tax demand of ₹ 3,16,48,319/- for the period March 2008 to December 2010 has been confirmed along with interest and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ract service being in respect of canals, is exempt and they are also entitled for the benefit of Notification No. 12/2003-ST dated 1.3.2003, Works Contract Composition Scheme as well as Rule 2A of the Service Tax [Determination of Value) Rules, 2006. They further added that if the value of the material is abated under Notification No. 12/2003-ST, the service tax liability would approximately be th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perty in goods involved in the execution of works contract. 4. Prima facie, the reasoning of the Commissioner denying the benefit of Notification No. 12/2003-ST suffers from infirmity inasmuch as, apart from the provisions of Notification No. 12/2003-ST, even in terms of Section 67 of Finance Act, the assessable value of the service rendered does not include value of the deemed sale of goods in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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