Supreme Court of India

Commissioner of Service Tax Etc. v. M/s. Bhayana Builders (p) Ltd. Etc.

Neutral citation
Bench A.K. Sikri and Ashok Bhushan JJ.
Decided 19 February 2018

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

For the aforesaid reasons, we find ourselves in agreement with the view taken by the Full Bench of CESTAT in the impugned judgment dated September 6, 2013 and dismiss these appeals of the Revenue. 1(2016) 1 SCC 170 COMMISSIONER OF SERVICE TAX ETC. v.

Judgment, page 18

From the headnote

Finance Act, 1994 – s. 65(105)(zzq) and 67 – Service tax – On construction services – Valuation of taxable service – By Notification dated 10.9.2004, service tax was to be calculated on the value equivalent to 33% of the ‘gross amount charged’ from any person by such commercial concern for providing taxable service – This Notification was further amended by Notification dated 1.3.2005 whereby it was explained that ‘gross amount charged’ shall include the value of goods and materials supplied and provided or used by the provider of construction service for providing such service – In the…

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