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Service Tax - Highlights / Catch Notes

Home Highlights February 2025 Year 2025 This

CESTAT examined service tax liability for electricity ...


Service Tax Applicable for Subcontractors in Power Transmission Despite Main Contractor's Payment Under N/N 45/2010-ST

February 8, 2025

Case Laws     Service Tax     AT

CESTAT examined service tax liability for electricity transmission/distribution services. Court held subcontractors must pay service tax independently even if main contractor paid tax on full amount, following precedent in Melange Developers. Regarding N/N. 45/2010-S.T. exemption for electricity transmission services, matter remanded to adjudicating authority to verify work orders and determine eligibility. Authority directed to examine extended limitation period applicability based on specific circumstances and verify if appellant acted as subcontractor. Additional service categories including site formation, transport, and construction services also remanded for fresh examination of work orders. Matter disposed through remand for comprehensive review of documentary evidence and precise determination of tax liability periods.

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