2016 (8) TMI 793 - AT - Service Tax

Valuation - commercial or industrial construction service - construction of residential complex service - Notification No. 15/2004 or 1/2006 providing abatement of 67% - Held that - the issue stands decided by the larger Bench of the Tribunal in the case of Bhayana Builders (P) Ltd. vs. CST, Delhi 2013 (9) TMI 294 - CESTAT NEW DELHI (LB) . Value of free supplies by service recipient do not comprise the gross amount charged under Notification No. 15/2004-ST, including the Explanation thereto as introduced by Notification No. 4/2005-ST - decided in favor of appellant.

Summary

The judgment by Appellate Tribunal CESTAT NEW DELHI in 2016 (8) TMI 793 involved whether the value of free supplied items by the recipient of services should be added to the assessable value of the service under 'commercial or industrial construction service' or 'construction of residential complex service'. The issue was decided based on the precedent set by the larger Bench of the Tribunal in the case of Bhayana Builders (P) Ltd. The impugned order was set aside, and the appeal was allowed with consequential relief to the appellant.