9911796707
TMI Blog2014 (9) TMI 216X X X X Extracts X X X X X X X X Extracts X X X X ..... The actual value of property of goods transferred in execution of the contract is the value adopted for purposes of payment of VAT and shall be taken as value of property in goods transferred in execution of the said work contracts for determination of value of service portion in the execution of the contract. In the present case, data in respect of actual value of property in goods transferred in execution of the work is available and produced before the adjudicating authority and the same has not been taken into consideration while confirming the demand. - matter requires reconsideration - matter remitted back - decided in favor of assessee. - Appeal No. ST/86518/14 & ST/86518/14 - - - Dated:- 1-7-2014 - S S Kang and P S Pruthi, JJ. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate of Service Tax for the period from 01.04.2008 onwards is 4.12$ (inclusive of Education Cess and Secondary Higher Education Cess) till 30.06.2012 and w.e.f. 01.07.2012, as per Notification No. 24/2012 dated 06.06.2012 the taxable vaue in respect of original works under works contract services, would be required to be determined under Rule 2A (ii)A of Service Tax (Determination of Value) Rules, 2006. By applying the above rates, the total Service Tax liability on the value of indivisible works contracts amounting to ₹ 21,91,77,67,802/- works out to ₹ 95,78,68,514/- 4. The contention of the applicant is that before the adjudicating authority the applicants produced the data in respect of supply of materials in respect of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the contracts was produced before the adjudicating authority but the same has not been taken into consideration while confirming the demand. In these circumstances, the contention is that the demand is not sustainable. 5. The learned consultant for Revenue submitted that the applicants are paying service tax on the amounts which are mentioned in the contracts and the same is on estimation basis whereas as per the applicant's own contention, now, the value of goods transferred in execution of the contracts in some cases is more and in some case is less than the value mentioned in the contracts. The contention is that the applicants were paying service tax on estimate basis therefore the provisions of Rule 2A (c) of the Rules, are not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... paid or payable on the actual value of property in goods transferred in the execution of the works contract, then, such value adopted for the purposes of payment of value added tax or sales tax, shall be taken as the value of property in goods transferred in the execution of the said works contract for determination of the value of service portion in the execution of works contract under this clause. 7. Reading of the rule shows that the actual value of property of goods transferred in execution of the contract is the value adopted for purposes of payment of VAT and shall be taken as value of property in goods transferred in execution of the said work contracts for determination of value of service portion in the execution of the contra ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
