Raja Abhishek For NIRC 2024
3 months ago
๐๐๐ฆ๐ง๐๐ง ๐๐ต๐ฒ๐ป๐ป๐ฎ๐ถ ๐ฅ๐๐น๐ถ๐ป๐ด ๐ผ๐ป ๐ง๐ฎ๐ ๐ฎ๐ฏ๐น๐ฒ ๐ฆ๐ฒ๐ฟ๐๐ถ๐ฐ๐ฒ ๐ผ๐ณ ๐ค๐๐ฎ๐ฟ๐ฟ๐๐ถ๐ป๐ด ๐ฎ๐ป๐ฑ ๐๐ฎ๐ฟ๐๐ต๐๐ผ๐ฟ๐ธ ๐ข The Tribunal held: "The appellantโs activity of quarrying and earthwork is covered under taxable service. The benefit of the notification is not applicable as services were not provided to the government or for road construction."
๐ ๐๐ฎ๐ฐ๐๐: ๐๐ผ๐บ๐ฝ๐ฎ๐ป๐: M. Palanisamy ๐๐๐๐๐ฒ: Whether the appellantโs activities are liable for service tax? ๐๐ฐ๐๐ถ๐๐ถ๐๐: The appellant provided services under "Works Contract Services" and "Transport of Goods." Service tax was demanded for quarrying, loading sand, and supplying equipment.
โ๏ธ ๐๐๐ฑ๐ด๐ฒ๐บ๐ฒ๐ป๐: The Tribunal ruled that quarrying and loading activities are taxable under Section 65 (105) (zzzy) of the Finance Act, 1994. The appellant's exemption claim was denied as the services were not for government or road construction. The case was remanded to reassess the demand, and willful suppression was established.
๐๐ฎ๐๐ฒ ๐๐ป๐ณ๐ผ๐ฟ๐บ๐ฎ๐๐ถ๐ผ๐ป: ๐ง๐ถ๐๐น๐ฒ: M. Palanisamy vs. Commissioner of GST & Central Excise ๐ฆ๐ฒ๐ฟ๐๐ถ๐ฐ๐ฒ ๐ง๐ฎ๐ ๐๐ฝ๐ฝ๐ฒ๐ฎ๐น ๐ก๐ผ. 41583 of 2017 ๐ข๐ฟ๐ฑ๐ฒ๐ฟ ๐๐ฎ๐๐ฒ: 23 November 2023 ๐ This ruling confirms that quarrying and earthwork activities are taxable, with no exemption for services not provided to the government or for road construction.
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