Raja Abhishek For NIRC 2024
3 months ago
ššš¦š§šš§ ššµšŗš²š±š®šÆš®š± š„šš¹š¶š»š“ š¼š» šŖš®šš²šæ ššæš¼š»š š„š¼šš®š¹šš š®š»š± š¦š²šæšš¶š°š² š§š®š šš¶š®šÆš¶š¹š¶šš š¢ The Tribunal held: "Water front royalty collected as per the Maritime Board Act, 1981, on behalf of the State of Gujarat is a statutory levy, not a service, and therefore is not subject to service tax."
š šš®š°šš: šš¼šŗš½š®š»š: State Charges Gog Jafrabad Port ššššš²: Whether service tax is applicable on water front royalty for the period from 2006-07 to 2009-10? šš°šš¶šš¶šš: The appellant paid service tax on water front royalty charges but was alleged by the department to have not paid service tax for the period 2006-07 to 2009-10.
āļø ššš±š“š²šŗš²š»š: The Tribunal ruled that water front royalty collected by the Maritime Board is a statutory levy under Section 22A of the Maritime Board Act, 1981, per relevant circulars. As the appellant merely facilitates port operations without providing direct services, service tax does not apply. The appeal was allowed.
šš®šš² šš»š³š¼šæšŗš®šš¶š¼š»: š§š¶šš¹š²: State Charges Gog Jafrabad Port vs. C.C.E. & S.T.-Bhavnagar š¦šš„š©ššš š§šš« šš½š½š²š®š¹ š”š¼. 11110 of 2013-DB š¢šæš±š²šæ šš®šš²: 06 November 2023 š This ruling confirms that water front royalty collected under statutory authority is not liable to service tax.
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