2017 (9) TMI 1191 - AT - Service Tax

Exclusion of free materials from taxable service value upheld by Tribunal

M/s. Simplex Infrastructure Ltd. Versus C.C.E., Jaipur-I

M/s. Simplex Infrastructure Ltd. Versus C.C.E., Jaipur-I - TMI Issues: Valuation of construction service for tax liability, consideration of free materials as advance payment, interest liability, penalty under Section 76 of the Finance Act, 1994In this case, the appellants, engaged in providing construction services, included the value of free materials received from the service recipient in their running bill for Service Tax purposes. The Revenue contended that the free materials should be considered as advance payment for taxable service, leading to interest liability. The original authority confirmed interest and imposed a penalty under Section 76 of the Finance Act, 1994. The appellant argued that free materials should not be considered as consideration for tax liability, citing a Tribunal decision. The Revenue maintained that the gross consideration, including the cost of materials, should be considered for tax liability under Section 67 of the Finance Act, 1994.The Tribunal analyzed the case and noted that the appellant included the free materials in the gross value for Service Tax purposes but contested their includability. Relying on the Tribunal decision in a similar case, it was held that free supplies by the service recipient should not be included in the gross value charged for taxable service. The Tribunal interpreted Section 67 and relevant notifications on abatement to support this reasoning. Following the precedent set in the previous Tribunal case, the impugned order was set aside, and the appeal was allowed.