2016 (8) TMI 246

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....te Present for the Respondent : Shri Sanjay Jain, AR ORDER This stay application has been filed by M/s.P.S. Construction seeking to stay recovery of dues of service tax confirmed amounting to Rs. 2,02,74,083/- and equivalent penalty imposed. The demand has been raised on the ground that the figures revealed by the appellant in their ST-3 returns were significantly different from the figur....

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....7-08 and 2008-09 has not been upheld and the demand cannot be confirmed for the said period. He also relied on the decision of the Tribunal in the case of ATR Constructions Pvt.Ltd.-2014 (35) STR 92 to assert that the value of free supply could not be included in the gross consideration received and therefore denial of No. 1/2006-ST dated 1.3.2006 is incorrect. He further argued that a lot constru....

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..... 4.  We have considered the rival arguments. We notice that the larger bench of the Tribunal in the case of Bhayan Builders Pvt.Ltd.2013 (32) ELT STR 49 has observed as follows: 16. In conclusion we answer the reference as follows: (a)    The value of goods and materials supplied free of cost by a service recipient to the provider of the taxable constructi....