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Issues involved: Determination of service tax liability on maintenance and repair services, inclusion of cost of components in taxable value, applicability of previous tribunal decision.
In the present case, the appeal was filed against the adjudication order passed by the Commissioner, Customs and Central Excise, Meerut II, confirming a service tax demand for the period from 18.4.06 to 31.3.11 under the taxable category of Management, Maintenance, and Repair. The Revenue alleged that the assessee under-declared the gross taxable value and evaded remittance of the entire service tax due, specifically focusing on the cost of components replaced during the repair of transformers under a composite agreement. The adjudication order was based on this premise. The agreement between the appellant and M/s Paschimanchal Vidyut Vitran Nigam Limited, Meerut, categorized the cost of components to be incorporated/replaced during the maintenance of transformers separately from labor costs. The appellant excluded the cost of components like HV/LV leg coil and transformer oil, which had already suffered excise duty or sales tax/trade tax, from the taxable value as these were separately accounted for in the agreement. However, the adjudicating authority included the cost of these components in the gross taxable value, leading to the assessment of additional liability for service tax and penalties. The crucial issue revolved around whether the cost of components replaced during the repair services should be included in the taxable value for service tax purposes. The Tribunal referred to its previous decision in the case of Kailash Transformers, where it was held that materials supplied during a service transaction are not to be included in the gross value for taxable services. The Tribunal, relying on the precedent set in Kailash Transformers, ruled in favor of the assessee, allowing the appeal and waiving the pre-deposit requirement. No costs were awarded in this matter.
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