In Brief
A company manufacturing and erecting prefabricated steel buildings claimed it could determine service tax on the entire gross contract value (including goods) and avail CENVAT Credit on all inputs. The Revenue contended the services were classifiable as "works contract service" requiring bifurcation under Rule 2A (service element only) or a Composition Scheme (no input credit). The Supreme Court held that in works contracts, service tax applies only to the service element determined per Rule 2A, not the entire contract value. An assessee must either follow Rule 2A (allowing CENVAT Credit on service inputs only) or opt for the Composition Scheme (no input credit). Paying tax on gross value while claiming full input credit is impermissible. The matter was remitted to recompute demands under Rule 2A and decide limitation issues.
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