Valuation of service - works contract service or not - The ...

Tax Tribunal Rules Goods and Services Must Be Separately Taxed, Not as 'Works Contract'; Invalidates Post-2012 Notices.

April 17, 2024

Case Laws     Service Tax     AT

Valuation of service - works contract service or not - The CESTAT held that the appellant’s contracts were clearly split into goods and services, which did not meet the criteria of a 'works contract' under the relevant tax laws. It was noted that the appellant had appropriately paid taxes—VAT on goods and service tax on installation services—as per the contract terms, which were well-supported by invoices. - Further the tribunal held that since the repeal of certain provisions and notifications post-July 2012, the show cause notices based on these repealed laws were incorrect. - Ultimately, the Tribunal concluded that the respondent’s approach of inclusion / amalgamating the value of goods and services for taxation under a 'works contract' was unfounded.

View Source