2015 (9) TMI 112

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....ingh, Spl. Counsel, for the respondent JUDGEMENT P.S. Pruthi, j The appellants are engaged in supply, erection, commissioning and installation of lifts and elevators. A demand of Rs. 1,22,59,41,753/- has been confirmed and equivalent penalty under Section 78 of the Finance Act, 1994 has been imposed against them for the period 1.6.2007 to 31.3.2012. Although the appellants state that they have ....

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.... of exemption under Notification No.12/2003-ST dated 20.6.2003, which grants exemption from service tax equal to the tax leviable on the goods sold by the service provider. The case is that the appellants have not discharged VAT liability on actual value of the goods and also discharged service tax liability on notional value of 20%. It was proposed to deny the benefit of works contract compositio....

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....ve correctly paid the service tax. They have drawn attention to Rule 2A of the Service Tax (Determination of Value) Rules, 2006, which provides that value of works contract service determined shall be equivalent to the gross amount charged for the works contract less the value of transfer of property in goods involved in the execution of the works contract. The appellants showed additional docum....