In Brief
Commercial and industrial construction service providers in India pay service tax on the gross amount they charge to clients. This case addressed whether the value of construction materials (like steel and cement) supplied free by clients should be added to the taxable value. The Supreme Court held that only amounts actually charged by the service provider—not free materials supplied by the client—form the basis for service tax calculation under Finance Act Section 67. The exemption notification allowing tax on 33% of gross amount applies to the contracted value billed, without including free client-supplied materials. The Court dismissed all Revenue appeals and upheld the Full Bench CESTAT judgment supporting the assessees.
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