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TMI Blog2024 (10) TMI 122X X X X Extracts X X X X X X X X Extracts X X X X ..... uld be treated as on the date on which the concession period had commenced as the annuity is based for maintenance of the road and management of the said road with the said responsibility commencing from the date of the concession period. The issue as to whether the view of the petitioner is to be accepted or whether the view of the assessing authority and the appellate authority is to be accepted is now settled in view of the circular dated 26.06.2024, issued by the Government of India, Ministry of Finance, Central Board of indirect taxes and Customs bearing No. 221/15/2024-GST. In this circular, the C.B.I.C. has taken the view that the tax is payable at the time of issuance of invoice or receipt of payments of annuity, whichever is earlie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of the highway. As consideration for undertaking these functions, the petitioner was to be paid a certain consideration during the construction period of the road and subsequently on annuity basis for the period of the concession. 3. The petitioner had completed the construction of the national highway section and was paid the amounts payable for such construction. It is admitted that the G.S.T. payable on such consideration has also been paid. 4. The dispute relating to payment of G.S.T. arose in relation to the annuity being received by the petitioner. It is the stand of the petitioner that G.S.T. would be payable on the annuity received by the petitioner only on the date on which the invoice is raised by the petitioner for such purpo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,09,54,744/- (paid vide cash ledger on 27.12.2023) 6. The petitioner being aggrieved by these orders has approached this Court by way of the present set of Writ Petitions. These Writ Petitions are being disposed of by way of a common order in view of the common issue raised in these Writ Petitions. 7. Heard Sri Raghavan Ramabadran, learned counsel for the petitioner and the learned Government Pleader for Commercial Taxes appearing for the respondents. 8. The question that arises before this Court is the date on which the liability to pay G.S.T. would arise. The annuity payable to the petitioner is fixed in the concession agreement, dated 18.01.2018. There is a difference of opinion on the question of when such liability would arise. 9. Unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er, if the invoice is issued on or before the specified date or the date of completion of the event specified in the contract, as applicable. If invoices are not issued on or before the specified date or the date of completion of the event specified in the contract, tax liability would arise on the date of provision of the said service (i.e., the due date of payment as per the contract), or the date of receipt of the payment, whichever is earlier. 13. In that view of the matter, the orders in Appeal set out in the table above are set aside with a direction to the respondent authorities to collect tax in accordance with the circular issued by the C.B.I.C. mentioned above. 14. Any amounts recovered on account of the assessment orders or the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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