Court :
Ahmedabad
Brief :
The CESTAT, Ahmedabad, in Inox Air Products Pvt. Ltd. v. Commissioner of CGST & Central Excise, Surat, pronounced on 8 September 2026, examined whether late payment charges received by the assessee on supplies of industrial gases constituted a “declared service” under Section 66E of the Finance Act, 1994.
Citation :
Service Tax Appeal No. 10768 of 2020-DB
The Department sought to levy service tax on such charges, treating them as consideration for agreeing to tolerate an act or situation under the declared-service provisions.
CESTAT relied upon its earlier decision in Lanxess India Pvt. Ltd., wherein it held that the existence of “consideration” is an essential element of a service, including a declared service. The Tribunal observed that damages or amounts arising as a consequence of breach or an undesired/ unanticipated event are not consideration for any service.
Applying this principle, the Tribunal held that payments in the nature of damages, even where described as interest, do not constitute consideration for a declared service. Consequently, such amounts cannot be subjected to service tax under the declared-service provisions.
Following its earlier decision, the Tribunal held that the issue was no longer res integra. The impugned order was set aside and the appeal was allowed.
Key Takeaway: Merely because a contractual payment is labelled as interest or late payment charges, it does not automatically become consideration for a taxable declared service. Where the payment is in the nature of damages arising from an undesired breach or delayed performance, the essential element of consideration for a service is absent.
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