Value of free supply of material by service recipient is not required to be included in the gross amount for chargeability of Service tax
Court :
Hon’ble CESTAT, New Delhi
Brief :
Vide Order-in-Original dated May 31, 2013, Service tax demand of Rs. 30,59,07,287/- for the period April, 2010 to March, 2011 was confirmed along with interest, Cenvat credit amounting to Rs. 49,25,935/- was disallowed and ordered to be recovered as inadmissible Cenvat credit and the suo-moto adjustment of Service tax amounting to Rs. 2,60,910/- was also disallowed. Penalties under Section 76 and Section 77 of the Finance Act, 1994 (“the Finance Act”) were also imposed on the Appellant. Being aggrieved, the Appellant preferred an appeal before the Hon’ble CESTAT, Delhi.
Citation :
Ahluwalia Contracts (India) Ltd. Vs. Commissioner of Service Tax, New Delhi [2015-TIOL-270-CESTAT-DEL]
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Judgement posted by
Bimal Jain
Service
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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