TMI Blog2017 (9) TMI 1191X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Finance Act, 1994 - Held that: - reliance placed in the case of M/s Bhayana Builders (P) Ltd. & Others Versus CST, Delhi & Others. [2013 (9) TMI 294 - CESTAT NEW DELHI (LB)], where it was 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... passed by the Commissioner (Appeals), Central Excise, Jaipur. 2. The appellants are engaged in providing construction service and are registered with the Department for payment of tax. The dispute in the present appeal relates to the valuation of such construction service, for tax liability. The appellants for providing construction service, to M/s. Grasim Industries Ltd. received free of cost ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The original authority confirmed the interest of ₹ 62,54,135/- and imposed a penalty under Section 76 of the Finance Act, 1994. 3. The ld. Counsel appearing for the appellant submitted that the free of cost materials received from the recipient of service is not to be considered as a consideration for taxable service, rendered by the appellant. He relied on the decision of the Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al. Accordingly, the interest liability will accrue. 5. We have heard by sides and perused the appeal records. Though the appellants included the free of cost materials in gross value while discharging Service Tax, before the original authority as well as in appeal they are contesting the includability of such cost in the gross value. We note, the reliance placed by the appellant on the decisio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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