Just a moment...

Report
ReportReport
Welcome to TaxTMI

We're migrating from taxmanagementindia.com to taxtmi.com and wish to make this transition convenient for you. We welcome your feedback and suggestions. Please report any errors you encounter so we can address them promptly.

Bars
Logo TaxTMI
>
×

By creating an account you can:

Report an Error
Type of Error :
Please tell us about the error :
Min 15 characters0/2000
TMI Blog
Home /

2019 (2) TMI 871

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Advocate for the Appellant Shri. K. Veerabhadra Reddy, ADC (AR) for the Respondent ORDER Per Bench : The dispute in question relates to the demand of service tax under the category of 'Construction of Residential Complex Service' for the period from December 2009 to September 2010. 2. Ld. Advocate Shri. M.N. Bharathi appearing on behalf of the appellant submits that in their own case for ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Del.). 4. Heard both sides and have gone through the facts. 5. Ld. AR for the Revenue has relied on the decision in the case of M/s. G.D. Builders (supra). In this decision, there is an observation that after the 46th amendment to the Constitution, composite contracts for service and supply of goods can be bifurcated to compute the value of goods sold/supplied in contracts for construction of b....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....6 to February 2010 was confirmed, even though in the nature of composite contracts. On perusal of the said judgement, we note that the Tribunal had no occasion to consider the decision of the Hon'ble Apex Court in the case of M/s. Larsen and Toubro Ltd. (supra). Thus, the said decision, though refers to the fact that Works Contract Service was introduced with effect from 01.06.2007, has not taken ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Ltd. (supra) is the issue whether cost of free supplies can be included in the taxable value. The Tribunal relied upon the decision of the Larger Bench in the case of M/s. Bhayana Builders Pvt. Ltd. Vs. Commissioner - 2013 (32) S.T.R. 49 (Tri. - LB) to hold that free supplies are not to be included in the gross amount charged. It was also held in the said case that for this reason, the 67% abatem....