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    <title>2018 (6) TMI 384 - CESTAT CHENNAI</title>
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    <description>In a works contract for supply, erection and commissioning of lifts, the valuation adopted by the assessee-service tax on 15% and VAT on 85%-was held to be consistent with Rule 2A(ii) of the Service Tax (Determination of Value) Rules, 2006, which recognises the VAT-based value for works contract service. Because the goods portion had already suffered VAT and the service portion was taxed on the accepted apportionment, no differential service tax could be demanded on a higher notional value. The related denial of CENVAT credit also failed once the tax demand itself was unsustainable, and both were set aside in favour of the assessee.</description>
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    <pubDate>Thu, 22 Mar 2018 00:00:00 +0530</pubDate>
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      <title>2018 (6) TMI 384 - CESTAT CHENNAI</title>
      <link>https://www.taxtmi.com/caselaws?id=361557</link>
      <description>In a works contract for supply, erection and commissioning of lifts, the valuation adopted by the assessee-service tax on 15% and VAT on 85%-was held to be consistent with Rule 2A(ii) of the Service Tax (Determination of Value) Rules, 2006, which recognises the VAT-based value for works contract service. Because the goods portion had already suffered VAT and the service portion was taxed on the accepted apportionment, no differential service tax could be demanded on a higher notional value. The related denial of CENVAT credit also failed once the tax demand itself was unsustainable, and both were set aside in favour of the assessee.</description>
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