Raja Abhishek For NIRC 2024
24 days ago
ššš¦š§šš§ ššš±š²šæš®šÆš®š± š„šš¹š¶š»š“ š¼š» š¦š²šæšš¶š°š² š§š®š š¼š» šŖš¼šæšøš šš¼š»ššæš®š°š š³š¼šæ šš¼šš²šæš»šŗš²š»š š£šæš¼š·š²š°šš š¢ š§šµš² š§šæš¶šÆšš»š®š¹ šµš²š¹š±: "Works contracts for Government projects such as water pipelines and canals, executed as turnkey/EPC projects, are not subject to service tax under Section 65(105)(zzzza)."
š šš®š°šš: šš¼šŗš½š®š»š: Progressive Constructions Ltd. ššššš²: Whether the appellant is liable to pay service tax for works contracts undertaken for Government projects. šš°šš¶šš¶šš: The appellant provided works contract services for Government projects like canals, water pipelines, road works, and earthwork. A show-cause notice demanded service tax for the period 2007ā2011.
āļø ššš±š“š²šŗš²š»š: The Tribunal ruled that works contracts for the Government of Andhra Pradesh are not taxable under Section 65(105) (zzzza), as they are non-commercial. Relying on precedents like Lanco Infratech Ltd., the demand, interest, and penalties for 12 projects were set aside. The appeal was allowed, and demands were remanded.
š šš®šš² šš»š³š¼šæšŗš®šš¶š¼š»: š§š¶šš¹š²: Progressive Constructions Ltd. vs. Commissioner of Service Tax, Hyderabad ā Service Tax š¦š²šæšš¶š°š² š§š®š šš½š½š²š®š¹ š”š¼. 21200 of 2014 š¢šæš±š²šæ šš®šš²: 25 April 2023 š This ruling affirms that works contracts for Government projects, particularly involving essential utilities, are exempt from service tax.
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