2015 (4) TMI 659 - AT - Service Tax

Denial of benefit of Notification no. 15/04-ST dated 10.09.2004 and 1/2006-ST dated 01.03.2006 - Non inclusion of value of the goods received free of cost from the service recipient while claiming the benefit of abatement - Held that - Value of the goods and materials supplied free of cost by a service recipient to the provider of the 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 or the gross amount charged, within the meaning of later expression in Section 67 of the Finance Act, 1994; and the value of free supplies by service recipient do not comprise the gross amount charged under Notification no. 15/04-ST, including the explanation thereto as introduced by Notification no. 4/05-ST. Accordingly, the Larger Bench held that the benefit of Notification no. 15/04-ST and Notification 1/06-ST would be available even if value of the goods and materials supplied by the service recipient are not included for the purpose of computation of the abatement provided under these Notifications. The issue involved in the present case is also identical and therefore, the appellant would be eligible for the benefit of the aforesaid Notifications. - Decided in favour of assessee.

Summary

Issues:
- Appeal against rejection of appeal by lower appellate authority
- Service tax demand and penalty imposed
- Benefit of Notification no. 15/04-ST and 1/2006-ST denied
- Value of goods received free of cost not included for abatement

Analysis:
The judgment pertains to an appeal against the rejection of an appeal by the lower appellate authority. The appellant, M/s. M.B. Chitale Constructions, challenged a service tax demand of Rs. 21,73,351/- and a penalty imposed against them under Section 78 of the Finance Act, 1994. The denial of the benefit of Notification no. 15/04-ST and 1/2006-ST was based on the grounds that the appellant did not include the value of goods received free of cost from the service recipient while claiming abatement under the said Notifications. The issue revolved around whether the value of goods and materials supplied free of cost by the service recipient should be included in the taxable value or gross amount charged for the purpose of abatement calculation.

The Tribunal considered the submissions and referred to a decision by a Larger Bench in the case of Bhayana Builders P. Ltd. & Ors. The Larger Bench had clarified that the value of goods and materials supplied free of cost by the service recipient should not be included in the taxable value or gross amount charged. It was held that such supplies do not form part of the gross amount charged under Notification no. 15/04-ST and Notification 1/06-ST. Therefore, the benefit of these Notifications should be available even if the value of goods supplied by the service recipient is not included for abatement calculation. As the issue in the present case was identical to the decision of the Larger Bench, the appellant was deemed eligible for the benefit of the Notifications. Consequently, the appeal was allowed with any consequential relief to be granted in accordance with the law.

In conclusion, the judgment clarified the treatment of goods received free of cost for the purpose of abatement calculation under specific Notifications, aligning with the decision of the Larger Bench. The appellant's appeal was upheld, emphasizing the correct interpretation of the law regarding the inclusion of such goods in the taxable value for service tax calculation.