VidhiSangh

Supreme Court of India · 19/02/2018

COMMISSIONER OF SERVICE TAX ETC. versus M/S. BHAYANA BUILDERS (P) LTD. ETC.

[2018] 1 S.C.R. 1128 · 2018 INSC 172

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Summary

Under the service-tax provisions and abatement notifications at issue, the Supreme Court held that goods supplied free by the service recipient did not form part of the construction service provider’s gross amount charged. They were neither an amount billed by the provider nor consideration for the taxable service. The notifications permitting valuation at 33% of the gross amount charged did not require adding those free supplies. All Revenue appeals were dismissed, with one appeal also abating following the sole proprietor’s death.

Issues

  1. Whether free supplies by the service recipient entered the gross amount charged under Section 67.
  2. Whether the 33% valuation benefit required inclusion of those supplies.
  3. Whether the inclusive payment definition supported the Revenue’s case.

Provisions considered

Held

Result

All Revenue appeals dismissed; CESTAT Larger Bench’s exclusion of free recipient supplies upheld. Civil Appeal No.3247 of 2015 also held to have abated.

Judgment PDF: Supreme Court of India, [2018] 1 S.C.R. 1128.