Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  Missing seized records must be considered while testing ITC claim; duplicate GST demands ordered corrected: Delhi High Court. *  GST appeal can’t be rejected without addressing taxpayer’s grounds: Allahabad High Court. *  Surplus IGST credit can offset CGST, SGST shortfall: GSTAT. *  GST refund can’t be denied when cancelled airfares are returned with tax: GSTAT. *  3 Hearing notices issued within 2 minutes: Gujarat High Court flags portal flaw, seeks report. *  GSTR-9, GSTR-9C filing for FY 2025-26 enabled; pending GSTR-1 and GSTR-3B must be filed first. *  Dupattas are exempt fabrics, can’t be taxed as fibres at 4%: Madras High Court. *  Full transitional credit allowed on capital goods received after GST rollout: GSTAT denies Rs. 6.99 lakh export duty credit. *  GST return mismatch alone can’t justify fraud proceedings: GSTAT orders fresh adjudication under section 73. *  Supplier found non-existent later can’t alone justify input tax credit denial: GSTAT. *  GST interest stops once tax reaches government account, can’t run until return filing: GSTAT. *  Cancelled flat booking- GST refund can’t be denied without excluding COVID period from limitation: GSTAT. *  India notifies rules of origin for India–New Zealand FTA. *  Incomplete E-bike kits classifiable as complete vehicles, but not eligible for CKD duty concession: CESTAT. *  Same GST rate on main input and output can’t by itself bar inverted duty refund: GSTAT. *  Unjust enrichment doesn’t apply to customs refunds from assessments finalised before July 13, 2006: Gujarat High Court. *  CENVAT credit can’t be denied solely because plant And machinery are embedded in earth: Karnataka High Court. *  DFIA exports ineligible for RoDTEP benefits; customs directs repayment with applicable interest. *  Second E-Way bill alone doesn’t prove another supply: GSTAT. *  Bail denied in Rs. 1.19 crore fake GST refund case over risk of accused absconding again: Punjab and Haryana High Court. *  GST registration can be restored after revocation deadline if outstanding dues are paid: Gauhati High Court. *  Multiple GST proceedings over same suppliers: Calcutta High Court directs dept. to share findings for adjudication. *  E-Governance portal services not OIDAR, fixed deposit interest not taxable: CESTAT. *  Rs. 500 Stamp duty required on authority letters for CAs, CMA and GST practitioners in Pune GST division.  *  Rs. 1.10 crore GST refund must be paid in cash after business closure: Allahabad High Court. *  Godown rent attracts 18% GST even when used exclusively for exempt agricultural warehousing: AAR. *  GST portal launches "Multi-State Registration" facility: one master TRN for registration applications across multiple States/UTs. *  RoDTEP scheme extended till 31st December, 2026.  *  Mere disagreement with order can’t override Rs. 20 lakh appeal limit: GSTAT. *  Customs interest can’t be backdated before confiscation liability is determined; nearly 8 year period excluded: Delhi High Court.
Subject News *  GST summons: anticipatory bail maintainable without arrest order, but relief denied in evasion case: Allahabad High Court. *  GST Appeal can’t be decided without hearing taxpayer’s objections to fresh evidence: Allahabad High Court. *  GST ITC can’t be reversed merely because supplier grants discount without reducing tax liability: GSTAT. *  Mere quoting of GST provision is not a valid charge: GSTAT quashes ITC denial. *  Personal hearing mandatory before adverse GST order, even without taxpayer’s request: Rajasthan High Court. *  Parallel bail pleas without full disclosure amount to abuse of process Rs. 43.08 crore GST case sent for fresh hearing: Supreme Court. *  GST refund based on unchallenged advance ruling can’t be recovered using later circular: GSTAT. *  Payment of GST alone doesn’t end interest and penalty liability when tax and interest remain unpaid beyond 30 days of notice: GSTAT. *  GST demand over builders’ 80% procurement rule requires reasoned adjudication: GSTAT. *  Eligible ITC doesn’t automatically entitle taxpayers to compensation cess refund on domestic sales: GSTAT. *  GST confiscation order passed before reply deadline invalid: GSTAT. *  GST interest can’t be retained after tax refund on delayed export receipts: Punjab & Haryana High Court. *  GST appeal can’t be dismissed over pre-deposit shortfall without opportunity To respond: Bombay High Court. *  DGGI SCN can’t be challenged before reply and adjudication:Chhattisgarh High Court. *  GST input tax credit can’t be denied solely due to supplier’s retrospective registration cancellation: GSTAT. *  GST notice must explain fraud allegations; merely repeating section 74 Is not enough:  Himachal Pradesh High Court. *  Audit detection alone can’t justify GST fraud penalty; specific suppression must be proved: GSTAT. *  GST order uploaded only under ‘Additional Notices’ tab without separate intimation set aside: Calcutta High Court. *  Service Tax appeal can’t be rejected for missing pre-deposit proof when payment is already recorded: CESTAT. *  SGST dept. can’t hear appeal against CGST order: Calcutta High Court. *  Mere dispatch of tax order can’t prove service or make appeal time-barred: CESTAT. *  Dealer incentives can’t be taxed merely on ledger entries: CESTAT. *  DGFT orders quashed for failure to supply DRI letter relied upon in SCN: Bombay High Court. *  GST penalty u/s 122(1A) can’t apply to Pre-2021 transactions; unregistered beneficiaries also covered: Delhi High Court. *  Expired E-way bill caused by wrong PIN code can’t justify GST penalty without intent to evade tax: GSTAT. *  Used railway rails can’t be taxed as track material without proof they are fit for reuse: CESTAT. *  Earlier DGGI notice doesn’t bar separate GST demand on different issue: Delhi High Court. *  ITC dispute involves no question of law: GSTAT directs appeal to Vice-President. *  Earlier DGGI notice doesn’t bar separate GST demand On different issue: Delhi High Court. *  No E-way bill required for interstate goods movement in november 2017: GSTAT quashes detention and penalty.  

Comments

Print   |    |  Comment

PJ/CASE LAW/2015-16/3013

Whether service tax is payable on total cost of work contract when value of material is separately shown in the invoice.

Case:- TECHNOCRATE TRANSFORMERS VersusCOMMISSIONER OF C. EX., KANPUR
 
Citation:-2015 (39) S.T.R. 996 (Tri. - Del.)
 
Brief facts: - Appeal has been filed against order-in-original No. 01/ST/Comm/2012, dated 29-3-2012 in terms of which service tax demand of Rs. 2,38,10,463/- for the period 16-6-2005 to March, 2011 was confirmed along with interest and penalties.
The facts of the case in brief are as under:
The appellant was engaged mainly in the repair work of old and damaged transformers and was paying service tax on labour charges under the service head ‘management, maintenance and repair service’. However, they were not paying service tax on the entire cost of repair including the cost of various items replaced during the repair of transformers, although the repair work was done under a composite agreement. The primary Adjudicating Authority clearly noted that the appellant entered into a composite agreement with M/s. Dakshinanchal Vidyut Vitran Nigam Limited (DVVNL) according to which the appellant was to repair damaged transformers which inherently included replacement of certain items viz HV/LV leg oil, transformer oil and other supply items but held that “in the absence of any specific clause in the contract specifying their quality make, specification of the items, it would be difficult to concede these a ‘sales’ even though the service provider has paid trade tax/VAT on the same”. The Adjudicating Authority further held that as per the condition of Notification No. 12/2003-S.T., dated 20-6-2003, documentary proof specifically indicating the value of the material sold is required for granting such exemption and denied the benefit of the said notification and confirmed the demand on the ground that the said condition was not satisfied.
 
Appellant’s contention:- The appellant has contended that the value of materials supplied is clearly mentioned in the contract itself and the VAT has been paid thereon and therefore it was entitled for exemption under Notification No. 12/2003-S.T. as it was not availing Cenvat credit on such goods and material, and wherever Cenvat credit on transformer oil was availed; the same was reversed before effecting the sale of transformer oil, and payment of U.P. VAT was made on such value at the time of clearance.
 
Respondent’s contention:- Learned DR reiterated the reasoning of the Adjudicating Authority.
 
Reasoning of judgment:- Theyhave considered the contention of both sides and also perused the records including some invoices. They find that the invoices raised by the appellant clearly indicate the value of the goods separately. Not only that the contract itself while giving the rate of repair package clearly stated the value of labour charges and the value of HV/LV leg oil, transformer oil and supply items. The adjudicating authority has also conceded that the appellant has paid VAT on the items supplied. In these circumstances, they do not find the observation of the Adjudicating Authority to the effect that “in the absence of any specific clause in the contract specifying the quality, make, specification of the items, it would be difficult to concede these a ‘sale’ even though the service provider has paid VAT on the same” legally valid and sustainable. In the case of CC & CE v. Balaji Tirupati Enterprises - 2013 (32)S.T.R.530 (All.)the Allahabad High Court held that goods used during repair were deemed to be sold in the execution of works contract. The Allahabad High Court in that case held that the goods which were deemed to be sold in the execution of works contract shall not enter into the purview of the levy of Service Tax.
In the light of the foregoing, they find that the appellant was entitled for deduction of the value of the goods supplied during repair of the transformer in which case the impugned demand would not survive as the demand has been computed on the value of such goods on the ground that the value thereof was not excludible from the assessable value. Resultantly they set aside the impugned order and allow the appeal.
 
Decision:-Appeal allowed.

Comment:- The analogy of the case is that Invoices are clearly indicating value of goods separately. Contract while giving rate of repair package clearly stating value of labour charges and value of HV/LV leg oil, transformer oil and supply items and also, payment of VAT made on value of goods supplied. Therefore, Assessee is entitled for deduction of value of goods and service tax liability arises on labour portion only.

Prepared by:- Monika Tak

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com