2023 (10) TMI 1302

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..... P. Ganesan, Superintendent (AR) for the Respondent ORDER The briefly stated facts of the case are that under the category of maintenance and repair service the appellant have discharged the service tax on the 33% of the gross value of the service charges considering the same as service portion of the total value and remaining 67% is towards the value of goods used in providing the service. The .....

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..... No. 1/2006-ST but the deduction of material sold by the appellant is permissible in terms of Notification No. 12/2003- ST dated. 26. 06. 2003 according to which service tax is not payable on the goods sold while providing the service. He also invited our attention to the Chartered Accountant Certificate by Hina Shah & Associates Chartered Accountants wherein the bifurcation of the material used a .....

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..... of material they have taken 67% as deemed sale price and even discharge the VAT on the said amount and in respect of the service they have paid service tax on 33% on the gross value, the appellant have taken this ratio on theoretical basis. However the chartered accountant in its certificate given the actual bifurcation of the material and service charge. The certificate is scanned below:- 4.1 F .....

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