Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2018 (2) TMI 1036

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... t Shri Shri Rajeev Ranjan, Joint Commissioner (AR), for Respondent Per: Anil Choudhary The appellant/assessee had entered into contract with various thermal power stations for repair and maintenance of electric motors, etc. The appellant/assessee was duly registered and was discharging its Service Tax liability under the service head 'Management, Maintenance and Repair'. The liability o .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... d in providing the maintenance or repair service to their customers and raised bill for that, but they charged Service Tax on 20% of the bill amount and paid the same on account of labour charges. Party also failed to convince the audit party, that on what basis they paid such Service Tax, at the time of conducting audit. As such the party is required to pay Service Tax on remaining billed amount .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... of the goods which were used especially when VAT was paid on value of goods shown in invoices. The appellant relied upon Notification 12/2003-S.T., dated 20 June 2003, under which the value of goods and materials sold (or deemed transfer) by the service provider to the recipient of services stands exempted from the Service Tax leviable thereon subject to the condition that there should be document .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... at 2014 (36) S.T.R. 471 (Tri. = Delhi), which has been upheld by Hon'ble Allahabad High Court reported at 2014 (36) S.T.R. 961 (Allahabad). 9. Heard the ld. A. R. for Revenue, who supported the findings given in impugned order. 10. Having considered the rival contentions, following the verdict in the case of J. P. Transformers (supra), we allow the appeal with consequential relief to the app .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates