Free supply of goods during construction not taxable

CESTAT allows 67% abatement under Notification No. 1/2006-ST on construction, works contract services, thereby excluding value of free supplies from gross consideration; Relies on Larger Bench ruling in Bhayana Builders (P) Ltd which interpreted scope of said Notification to conclude that value of free supplies not includible under the term “gross consideration received”; Distinguishes Delhi HC ruling in G.D. Builders observing that said ratio offers no assistance in elucidating contours of impugned Notification; In that case, upholding vires of abatement Notifications, Delhi HC concluded that value of goods transferred / deemed to be transferred under composite contracts must be excluded for levy of service tax; Sets aside Commissioner order as Revenue concedes Bhayana judgement still operative  : Delhi Tribunal