2014 (8) TMI 666

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..... of Section 67”. If this is the case, we find that the provisions of Section 67 may also be applicable for valuation purposes. We also find prima facie force in the contentions raised by the ld. Counsel that the appellant had an option to discharge the Service Tax liability under the Works Contract Composition Scheme for payment of Service Tax - appellant has made out a prima facie case for waiver .....

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..... e providing works contract services and as per the provisions and the rules governing the works contract, the appellant should have paid 4% of the works contract as Service Tax under composition scheme. 3. Ld. Counsel would submit that the provisions of Service Tax (Determination of Value) Rules, 2006 as regards the determination of value of services involved in execution of works contract and .....

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..... talks about exercising an option to discharge the Service Tax liability which would indicate that if such option is not exercised, an assessee is liable to pay the full Service Tax on the entire amount of the works contract. 4. Ld. D.R. would submit that by paying the Service Tax more than the composition scheme as provided for works contract, the appellant is passing on unintended benefit to .....

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