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Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
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Learn MoreA voluntary organisation established on 6th July 1949, BCAS has presently more than 9,000 members from all over the country. BCAS is a principle-centered and learning-oriented organisation promoting quality service and excellence in the profession of Chartered Accountancy.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
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Facts:
The
appellants undertook maintenance and repairs of ships. They discharged
service tax on the value of services provided. However, the adjudicating
authority confirmed service tax demand on value of goods supplied while
undertaking maintenance, management or repair service. Further, service
tax on GTA services availed was not paid by the appellants. The
appellants stated that Notification Nos. 12/2003 and 1/2006 specifically
excluded value of goods sold and they discharged service tax on correct
amount with respect to GTA services.
Held:
The
Tribunal observed that the Hon’ble Delhi High Court in case of G. D.
Builders & Others vs. UOI 2013 (32) STR 673 (Del) held that Section
67 of the Finance Act, 1994 enables the Government to levy service tax
only on the consideration received for rendering taxable service and it
prohibits inclusion of value of goods supplied while rendering services.
Following the Hon’ble Delhi High Court’s decision, the Tribunal
remanded back the matter with the order to quantify and exclude the
value of goods supplied/sold along with provision of services from
service tax levy.