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
Subscribe to:
Post Comments (Atom)
Recent Landmark GST Judgments: A Comprehensive Overview
The Goods and Services Tax (GST) regime continues to evolve through judicial interpretations. From the Supreme Court to various High Court...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
In a significant development, the Supreme Court has dismissed the Revenue’s Special Leave Petition (SLP) challenging a Bombay High Court (...
-
Sr No Due Date Related to Compliance to be made 1. 11.06.2026 GST ...
-
The introduction of the Goods and Services Tax Appellate Tribunal (GSTAT) has brought significant changes to the pre-deposit framework for...
-
Selling a property can trigger a significant tax liability in the form of capital gains tax. However, the Income-tax Act, 1961, allows you...
-
With the government making Aadhaar Card ( unique identification card ) mandatory in procuring LPG connections, issuing passports, sale or...
-
This is to update you on procedure prescribed by the Office of the Development Commissioner, Karnataka Sub Zone (the “Office”) to be foll...
-
Introduction Employee welfare is a cornerstone of corporate responsibility, and gratuity forms a critical part of the social security benefi...
-
MARRIAGE EXPENSES - POWERS OF I.T. AUTHORITIES In the recent past the Income Tax Department has been concentrating on collecting informat...
-
The provision of a corporate guarantee, where one company pledges to cover the financial obligations of another (often a subsidiary or affil...
No comments:
Post a Comment