2019 (2) TMI 596 - AT - Service Tax

Construction services - construction of a control room for Tamil Nadu Electricity Board (TNEB) - applicability of N/N. 45/2010-ST dt. 20.07.2010 - Held that - The Ld. Advocate is correct in his contention that the activities of construction of control room for TNEB is fully covered by Notification No. 45/2010. The argument that construction activity for educational institutions exempt from service tax is also no longer res integra. The case law of SRM Engineering Construction 2018 (2) TMI 321 - CESTAT CHENNAI will stand support their contention - Construction of buildings for Gandhigram Rural University would come within the fold of construction undertaken for educational activities and hence would be exempt from tax. The contracts undertaken by the appellant will not be exigible to service tax - appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Taxability of construction services provided to Tamil Nadu Electricity Board (TNEB) and Central Public Works Department (CPWD) under Commercial or Industrial Construction Service (CICS) category for the period 2006-07 to 2010-11.
2. Applicability of Notification No.45/2010 for exemption in relation to transmission and distribution of electricity.
3. Exemption from service tax for construction activities undertaken for educational institutions.

Analysis:

Issue 1: Taxability of construction services
The appellants had contracts with TNEB and CPWD for construction works, leading to a tax liability notice issued for the period 2006-07 to 2010-11. The original authority confirmed the tax liability and imposed penalties under the Finance Act, 1994. The Commissioner (Appeals) upheld this decision, resulting in the current appeal before the Tribunal.

Issue 2: Applicability of Notification No.45/2010
The appellants argued that the construction of control rooms for TNEB falls under the exemption provided by Notification No.45/2010 for services related to transmission and distribution of electricity. They relied on relevant case laws to support their position. The Tribunal agreed with the appellants, stating that TNEB's activities align with the notification, thereby exempting the construction services provided.

Issue 3: Exemption for construction activities for educational institutions
The appellants contended that the construction of buildings for Gandhigram Rural University should be exempt from service tax as it falls under construction for educational activities. They referred to a Tribunal case to support their argument. The Tribunal concurred with this view, stating that the contracts undertaken by the appellants for educational institutions are not subject to service tax, thereby setting aside the impugned order.

In conclusion, the Tribunal allowed the appeal, providing consequential benefits as per law. The judgment highlighted the applicability of Notification No.45/2010 for exemption in specific construction services and reiterated the exemption for construction activities related to educational institutions.