TMI Blog2018 (6) TMI 1012X X X X Extracts X X X X X X X X Extracts X X X X ..... n their invoices. They also pay VAT/ Sales Tax as may be applicable on such value of material. In such case there is no reason to demand service tax on 10% profit or profit on which material is sold by them - The issue involved already stands settled in favour of Appellant in case of HINDUSTAN AERONAUTICS LTD. VERSUS COMMR. OF SERVICE TAX, BANGALORE [2009 (9) TMI 163 - CESTAT, BANGALORE], where it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that Appellant had provided Management, Maintenance or Repair Service to Indian Air Force (IAF) and are also supplying materials along with the said services. The said material was purchased from the vendors or from the IAF store and supplied alongwith service. The Appellant were availing the benefit of Notification No. 12/2003-ST dt. 20.06.2003 on the services provided to IAF. They were issued s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nterest and penalty under Section 78 of the Finance Act, 1994. The demand was confirmed and penalty was imposed by the impugned order. Hence the present appeal. 2. Shri Lokmohan Hota, ld. CA appearing for the Appellant submits that Notification No. 12/2003-ST speaks of Value of materials and not cost of materials , hence the Value of material includes the element of Profit. That they have ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appearing on behalf of the revenue reiterates the finding of the impugned order. 4. We have gone through the submission made by both the sides and records of the case. We find that the Appellant is showing the values of raw materials and labour separately in their invoices. They also pay VAT/ Sales Tax as may be applicable on such value of material. In such case there is no reason to demand se ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
