2012 (11) TMI 881

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....stomers. The Revenue demanded service tax on the activity undertaken by the applicant under the category of "Maintenance and Repair service". The applicants claimed the benefit of Notification No.12/03-ST, dated 20.06.2003 which provides exemption from payment of service tax equal to the value of goods and materials sold by the service provider to the recipient of service. 3. The contention of th....

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....sustainable. 4. Revenue relied upon the decision of the Tribunal in the case of M/s. Safety Retreading Co. P. Ltd. vs Commissioner of Central Excise, Salem in Appeal No. S/148/2008 whereby in a similar situation, the Tribunal denied the benefit of the Notification No.12/2003-ST. 5. Revenue also relied upon the Larger Bench decision in the case of Aggarwal Colour Advance Photo System vs Commissio....

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....e only issue is whether the value of material used for retreading is to be added to the assessable value of the service for the purpose of service tax. 7. This issue is covered in favour of Revenue in Appeal No.S/148/2008, dated 14.10.2011, whereby the Tribunal denied the benefit of the Notification No.12/03-ST in respect of retreading. Further, we find that the Larger bench of the Tribunal in th....