VidhiSangh

Supreme Court of India · 02/05/2023

CC AND CE AND ST, NOIDA versus M/S INTERARCH BUILDING PRODUCTS PVT. LTD.

[2023] 7 S.C.R. 977 · 2023 INSC 476

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Summary

A works-contract assessee could not elect to pay service tax on the entire goods-and-services value under section 67 and thereby claim CENVAT credit on the whole amount. Valuation had to follow Rule 2A unless the applicable composition option was exercised. The Court rejected the pre-June 2007 demand and remitted the later demands for recomputation and determination of limitation, rather than restoring every demand outright.

Issues

  1. Whether section 67 permitted a third valuation method using the full contract value and corresponding input credit.
  2. Consequences for the pre-June 2007 period and unresolved limitation and computation questions.

Provisions considered

Held

Result

Revenue’s appeal allowed without costs; CESTAT order set aside. January–May 2007 demand rejected; remand limited to limitation and recomputation under Rule 2A within three months.

Judgment PDF: Supreme Court of India, [2023] 7 S.C.R. 977.