Deleted addition of value of goods deemed to be supplied in execution of works contract services in trading turnover

Last updated: 15 November 2021

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The Customs, Excise & Services Tax Appellate Tribunal (CESTAT) has ruled that the value of goods used in a works contract cannot be added to a company's trading turnover. The tribunal clarified that such goods are not considered simple trading items. This decision allows an appeal by M/s. Deify Infrastructures Limited, overturning the addition of these values to their trading turnover.

Court :
CESTAT, Delhi

Brief :
The Hon'ble Customs, Excise & Services Tax Appellate Tribunal, Delhi ("CESTAT") in the matter of M/s. Deify Infrastructures Limited v. Commissioner of Central Tax, Central Excise & Customs [Final Order No. 51927/2021 dated October 27, 2021], held that the value of goods deemed to be supplied in the course of works contract cannot by any stretch of imagination be added to the trading turnover of the appellant as it is not a trading simplicitor.

Citation :
Final Order No. 51927/2021 dated October 27, 2021

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1 Year PLAN

1999

(Excl. of GST ₹359)

2 Years PLAN

3499

(Excl. of GST ₹629)

BEST VALUE

3 Years PLAN

4999

(Excl. of GST ₹899)

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Judgement posted by

Bimal Jain

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FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

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