Patent-settlement expenditure treated as commercially expedient revenue outlay, with foreign-law restrictions inapplicable before the prospective amen...
AT considered the determination of gross amount for service tax u/r Works Contract (Composition Scheme for Payment of Service Tax) Rules, 2007. Issue was inclusion of equipment and materials value in determining "gross amount" for service tax levy. Appellant had 2 contracts with WBPDCL. CBEC Circular clarified that value of goods supplied u/s Contract I not included in gross value for service tax u/s composition scheme for Contract II. Appellant correctly paid tax for Contract II. Penalty proceedings deemed unsustainable, hence no penalty imposed. Impugned demand set aside, appeal allowed.
AT considered the determination of gross amount for service tax u/r Works Contract (Composition Scheme for Payment of Service Tax) Rules, 2007. Issue was inclusion of equipment and materials value in determining "gross amount" for service tax levy. Appellant had 2 contracts with WBPDCL. CBEC Circular clarified that value of goods supplied u/s Contract I not included in gross value for service tax u/s composition scheme for Contract II. Appellant correctly paid tax for Contract II. Penalty proceedings deemed unsustainable, hence no penalty imposed. Impugned demand set aside, appeal allowed.
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