Supreme Court of India

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

Neutral citation
Reported as [2018] 1 S.C.R. 1128
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.

1 Supreme Court bench has cited this judgment.

What the Court ordered

For the aforesaid reasons, we find ourselves in agreem ent with the view taken by the Full Bench of CESTAT in the i mpugned judgment dated September 6, 2013 and dismiss these appeals of t he 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 construct ion services – Valuation of taxable service – By Notifi cation dated 10.9.2004, service tax was to be calculated on the value equivale nt to 33% of the ‘gross amount charged’ from any perso n by such commercial concern for providing taxable service – This Not ification 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 pr ovider of construction service for providing such service – In the

Where later benches applied it

Of those, 1 relied on

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