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2019 (12) TMI 69 - HC - Service TaxTaxability - works contract on turnkey basis - composite contract or not - whether to be charged for payment of service tax under clause (1), section 65 (39)(a) in Finance Act, 1994 - There cannot be any dispute that the contract was a composite contract, found by the fact-finding Authority and law has been subsequently declared. Petition disposed off.
Issues involved: Challenge against service tax imposition on a works contract on a turnkey basis under the Finance Act, 1994.
Analysis: - The petitioner argued that the works contract on a turnkey basis falls under the entry (zzzza) in section 65(105) of the Finance Act, 1994, making it liable for service tax. The petitioner relied on a Supreme Court judgment Commissioner, Central Excise and Customs vs. Larsen and Toubro Limited, which highlighted the lack of a mechanism to segregate material value from the service component before June 1, 2007. The petitioner contended that the impugned order should be set aside as the contract in question was a works contract on a turnkey project. - The respondent, representing the Revenue, pointed out that the judgment cited by the petitioner was not available to the Authority when the impugned order was issued. They suggested that this could be a valid ground for the matter to be restored to the Authority for reconsideration. However, the petitioner countered by highlighting that the Authority had already determined the contract to be a composite works contract consisting of both supply and service elements. - Referring to the Supreme Court's decision in CCE and Customs case, the Court emphasized the need for specificity in the service tax charging section regarding the levy on works contracts. The Court clarified that any tax charge under the relevant sections of the Finance Act, 1994, would apply to service contracts only and not to composite indivisible works contracts. The Court also noted the expression in the impugned order stating that there was no constraint to levy the service portion of a composite works contract consisting of both supply and service. - Ultimately, the Court found that the issue regarding the nature of the contract had been conclusively decided as a composite contract by the fact-finding Authority. Given the clarity provided by the law and the established facts, the Court set aside the impugned order, ruling in favor of the petitioner. Consequently, the writ petition was disposed of in favor of the petitioner.
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