2008 (10) TMI 200 - AT - Service Tax

Value of Free Supply Abatement of 67% under notification no. 15/2004 ST - The applicants are providing the service of commercial and industrial construction. As per the notification No. 15/04-ST. the applicants are entitled for abatement of 67% from the gross amount. The dispute in the present case is in respect of the gross amount charged. The revenue wants to add the value of free supply of cement and steel which was used in the construction - pre-deposit of duty and penalty is waived

Summary

The Appellate Tribunal CESTAT, New Delhi heard a case regarding waiver of pre-deposit of service tax and penalty. The dispute was about including the value of free supplies in the gross amount charged. Citing relevant court decisions, the tribunal waived the pre-deposit and allowed a stay, pending the final decision of the High Court.