Raja Abhishek For NIRC 2024
3 months ago
ššš¦š§šš§ šš¹š¹š®šµš®šÆš®š± š„šš¹š¶š»š“ š¼š» š¦š²šæšš¶š°š² š§š®š š¼š» š¦šš½š½š¹š š¼š³ šš¶š²šš²š¹ š¢ The Tribunal held: "Even if diesel is supplied free of cost by the service recipient, no service tax can be levied, as diesel is not considered an input for providing the service."
š šš®š°šš: šš¼šŗš½š®š»š: M/s Adept ššššš²: Whether the appellant must pay service tax on income booked under "Supply of Diesel" šš°šš¶šš¶šš: The appellant provides Operation and Maintenance services for telecom/mobile towers. A show-cause notice was issued, alleging non-payment of service tax on income booked under "Supply of Diesel."
āļø ššš±š“š²šŗš²š»š: The Tribunal ruled: Diesel, even if supplied free of cost, is not an input for providing services, as per Bhayana Builders and Ganpati Associates rulings. No service tax can be levied on diesel, as it is considered a separate service. The appeal was allowed, setting aside the service tax demand.
šš®šš² šš»š³š¼šæšŗš®šš¶š¼š»: š§š¶šš¹š²: M/s Adept vs. Principal Commissioner of CGST & Central Excise, Lucknow š¦š²šæšš¶š°š² š§š®š šš½š½š²š®š¹ š”š¼.70240 of 2023 š¢šæš±š²šæ šš®šš²: 19 October 2023 š This ruling confirms that diesel supplied by the service recipient is not taxable as an input for providing services.
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