The petitioner's tax liability for the period 01.04.2021 to ...

Court Affirms 18% Tax on Business Activities of Government Entity Developing Industrial Parks.

August 29, 2024

Case Laws     GST     HC

The petitioner's tax liability for the period 01.04.2021 to 01.01.2022 was in question. The court examined whether the respondent entity qualified as a government entity and whether the works executed by the petitioner met any of the conditions for concessional tax rate under N/N. 24/2017. The court held that the works aimed to create infrastructure for entrepreneurs and manufacturing units, and the respondent entity, though a government entity, conducted business by developing industrial parks and recovering costs from entrepreneurs. Therefore, none of the conditions for concessional rate applied, and the tax assessment at 18% by the respondent for the said period was upheld. The arrangement between the petitioner and respondent entity was that the latter would pay the tax due to the petitioner, who would then remit it to the GST Department. The HC disposed of the writ petition, affirming the impugned order for the tax period 01.04.2021 to 30.11.2022.

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