2013 (10) TMI 1375 - AT - Service Tax

Valuation - includibility - whether the value of free supply of materials given by the recipient needs to be included in the value for discharge of service tax or not? - Held that - The value of goods and materials supplied free of cost by a service recipient to the provider of taxable construction service, being neither monetary or non-monetary consideration paid by or flowing from the service recipient, accruing to the benefit of service provider, would be outside the taxable value of the gross amount charged, within the meaning of the later expression in Section 67 of the Finance Act, 1994 - appeal allowed - decided in favor of appellant.

Summary

Issues:
Whether the value of free supply of materials given by the recipient needs to be included in the value for discharge of service tax.

Analysis:
The Appellate Tribunal CESTAT Ahmedabad, with Mr. M.V. Ravindran and Mr. H.K. Thakur as members, addressed a stay petition that led to the decision to dispose of the appeal due to a Larger Bench decision in the case of Bhayana Builders Pvt. Limited. The core issue revolved around whether the value of free supplies of materials by the recipient should be considered for the discharge of service tax. The Tribunal referred to the Larger Bench decision, which concluded that the value of goods and materials supplied free of cost by a service recipient does not need to be included in the taxable value of the gross amount charged under the Finance Act, 1994. The Tribunal upheld this conclusion, stating that the value of free supplies by the service recipient does not form part of the gross amount charged under relevant notifications. Consequently, the Tribunal ruled in favor of the assessee, setting aside the impugned orders and allowing the appeal with any consequential relief deemed necessary.

This judgment clarifies the treatment of free supplies of materials in the context of service tax liability. It establishes that such supplies do not contribute to the taxable value for service tax purposes, aligning with the interpretation provided by the Larger Bench decision. The Tribunal's decision provides clarity on the inclusion of free supplies in the calculation of service tax liability, ensuring consistency in the application of tax laws. The ruling offers guidance to both service providers and recipients regarding the determination of taxable value in cases involving the provision of materials without monetary consideration. By setting aside the impugned orders and allowing the appeal, the Tribunal affirms the legal position established by the Larger Bench decision, providing a clear precedent for similar cases in the future.