2014 (4) TMI 222

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..... of Bhayana Builders Pvt. Limited [2013 (9) TMI 294 - CESTAT NEW DELHI], helps the appellants for the proposition that the cost of free supplies of the materials need not be included for discharge of service tax liability, which is being contested by the learned departmental representative stating that the appellant has not included the value of free supply of the materials. In our view the issue .....

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..... ervices during the relevant period but the valuation adopted by the Revenue seems to be erroneous inasmuch as, the Revenue has not considered the benefit to be extended to the appellant in respect of income tax price and reduction of value of free supplies of cement and steel, supplied by the service recipient. He would also draw our attention to the facts of the case by reading the show cause not .....

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..... ice tax liability, we do find that the appellant has not discharged the service tax liability during the relevant period. On the submissions made by the learned counsel as to the correct valuation to be adopted for discharge of service tax liability, we are of the view that the issue needs deeper consideration, at the same time the Larger Bench decision of the Tribunal in the case of Bhayana Build .....

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