https://www.taxtmi.com/caselaws?id=459821 CESTAT Bangalore ruled on service tax exemption for construction materials under Notification 12/2003-ST. The appellant sought exemption for materials used in construction services, claiming deemed sale benefits. The tribunal held that exemption applies only to goods actually sold with documentary evidence, not consumed materials. Citing SC precedent in Safety Retreading case, the tribunal recognized material value exclusion from service tax calculation. However, the matter was remanded to adjudicating authority for verification of Cenvat credit availment, VAT returns, and interest payments. The tribunal concluded that "sale" in the exemption notification includes deemed sale under Constitution Article 366(29A)(b). Appeal allowed by remand. en-us Thu, 14 Sep 2023 00:00:00 +0530 Mon, 30 Dec 2024 19:58:58 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=459821 CESTAT Bangalore ruled on service tax exemption for construction materials under Notification 12/2003-ST. The appellant sought exemption for materials used in construction services, claiming deemed sale benefits. The tribunal held that exemption applies only to goods actually sold with documentary evidence, not consumed materials. Citing SC precedent in Safety Retreading case, the tribunal recognized material value exclusion from service tax calculation. However, the matter was remanded to adjudicating authority for verification of Cenvat credit availment, VAT returns, and interest payments. The tribunal concluded that "sale" in the exemption notification includes deemed sale under Constitution Article 366(29A)(b). Appeal allowed by remand. Case-Laws Service Tax Thu, 14 Sep 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=459821