SC
issues notice to assessee in appeal filed by Revenue against CESTAT's order
wherein it was held that supply of water to Chattisgarh State Industrial
Development Corporation (CSIDC) is a sale of water, not taxable as ‘Business
Support service” (BSS) u/s 65(105)(zzzq) of Finance Act, 1994; CESTAT noted
that, assessee entered into agreement to own, develop, operate and maintain
water supply, for which it was paid as per agreed tariff for supply of water
and such rights were granted for 20 years after project construction without
involvement of any third party; Noting that CSIDC has been consumer of water
for payment of taxes on water supply to concerned State Department, CESTAT
stated that whole scope of agreement is for supply of water; CESTAT remarked further
that, supply of water by CSIDC to various industrial units is inconsequent as
far as assessee is concerned, and giving a colour of service to pure sale of
water is not legally tenable; Moreover, CESTAT observed that plain reading of
statutory definition of BSS indicates that same is for outsourcing service and
do not deal with any sale or purchase of items without reference to third
party
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