23 November 2020


Judgments

Supreme Court

Commissioner, Central Excise and Customs, Kerala and Ors. v. Larsen and Toubro Ltd. and Ors.

MANU/SC/0887/2015

20.08.2015

Service Tax

No machinery in Finance Act, 1994 to levy and assess service tax on indivisible composite works contracts

A composite works contract should be bifurcated and ascertained before being taxed, but the same is not provided for in the Finance Act, 1994. The Court held that the 'gross amount charged', under Section 67 of the Act, 1994 refers to the gross amount for the service provided, not the gross amount of the works contract as a whole from which various deductions have to be made to determine the service element.

Relevant

Section 67 Finance Act, 1994 Act State of Madras v. Gannon Dunkerley and Co. (Madras) Ltd. MANU/SC/0152/1958
Gannon Dunkerley and Co. and Ors. v. State of Rajasthan and Ors. MANU/SC/0437/1993
Jharkhand v. Voltas Ltd., East Singhbhum MANU/SC/2214/2007

Tags : Service tax composite contract gross amount

Share :