2018 (5) TMI 1123 - AT - Service Tax

Valuation - correct calculation of taxable turnover by the appellant, who is engaged admittedly in Works Contract Service mainly doing electrical work (s) - Held that - the computation of taxable value, in respect of Works Contract is not at all legal, as the material component was calculated also in the Sales Tax assessment of the appellant/assesse. Further, the appellant-assessee had filed detailed paper book wherein they have given copy of various documents and copy of invoices, supporting the amount of material component, as they claimed. The matter is remanded to the Adjudicating Authority, who shall decide the matter afresh, considering the documents provided by the appellant - appeal allowed by way of remand.

Summary

Issues: Correct calculation of taxable turnover in 'Works Contract Service'

Issue 1: Correct calculation of taxable turnover
The appellant was engaged in 'Works Contract Service' mainly doing electrical work. The appellant was alleged to have short paid service tax as per audit findings. The revenue demanded payment of the alleged dues along with penalties. The Original Authority dropped a portion of the demand but confirmed the rest under Section 73 of the Finance Act, 1994. The revenue appealed against the decision, arguing that the material component claimed by the appellant was too high. The Commissioner (Appeals) partially allowed the appeal, modifying the original order and confirming a reduced demand along with penalties. The appellant challenged this decision before the Tribunal.

Analysis:
The Tribunal considered the taxability of composite contracts/works contracts before June 1, 2007, which was a matter of interpretation. Referring to the Supreme Court judgment in the case of M/s Larsen & Toubro Ltd., it was established that no service tax was payable on composite contracts involving material and labor work before the specified date. The Court also highlighted the levy of Sales Tax on such transactions. Since the appellant had paid Sales Tax/VAT and was assessed by Sales Tax authorities, the computation of taxable value for 'Works Contract' was deemed incorrect. The appellant provided detailed documentation supporting the material component claimed. Thus, the Tribunal allowed the appeal by remanding the matter to the Adjudicating Authority. The Authority was directed to review the case considering the documents provided by the appellant, the Supreme Court judgment, and the provisions of the law before passing a reasoned order.

Outcome:
The Tribunal allowed the appeal by remand, directing the appellant to appear before the original authority with supporting documents within 75 days from receiving the order. The question of limitation was left open for further consideration. The decision emphasized the need for a fresh assessment based on the provided evidence and legal guidelines, ensuring a fair determination of the taxable turnover in the 'Works Contract Service.'