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    <title>2009 (5) TMI 810 - COMMISSIONER OF CENTRAL EXCISE (APPEALS), MANGALORE</title>
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    <description>Paints used in vehicle body repair work, when separately billed as materials sold and already subjected to sales tax, were not includible in the assessable value for service tax. The operative principle applied was that the same value cannot be subjected to both sales tax and service tax, as that would amount to double taxation. On the invoice structure and the separate labour charge, service tax was confined to the labour component only, and the demand on paint value was unsustainable. Interest and penalties were also not payable on that component.</description>
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      <link>https://www.taxtmi.com/caselaws?id=128995</link>
      <description>Paints used in vehicle body repair work, when separately billed as materials sold and already subjected to sales tax, were not includible in the assessable value for service tax. The operative principle applied was that the same value cannot be subjected to both sales tax and service tax, as that would amount to double taxation. On the invoice structure and the separate labour charge, service tax was confined to the labour component only, and the demand on paint value was unsustainable. Interest and penalties were also not payable on that component.</description>
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