Service Tax not payable on Services provided to Government Company for Transmission of Electricity


Quick Summary
The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has ruled that Service Tax is not payable on services provided to a Government Company for the transmission of electricity. The appellant, M/s. Vivek Constructions, successfully argued that their work for Rajasthan Rajya Vidyut Prasaran Nigam Ltd. (RRVPNL) was exempt under relevant notifications. This decision means the demands for Service Tax and penalties raised by the Revenue Department were set aside.

Court :
CESTAT, Delhi

Brief :
The Customs, Excise and Service Tax Appellate Tribunal, Delhi ("the CESTAT") in the case of M/s Vivek Constructions v. Commissioner of Central Excise and Central Goods & Service Tax [Service Tax Appeal No.50791 of 2019 decided on October 5, 2021] held that no Service Tax is payable on services provided to a Government Company for 'transmission of electricity'.

Citation :
Service Tax Appeal No.50791 of 2019 decided on October 5, 2021

The Customs, Excise and Service Tax Appellate Tribunal, Delhi ("the CESTAT") in the case of M/s Vivek Constructions v. Commissioner of Central Excise and Central Goods & Service Tax [Service Tax Appeal No.50791 of 2019 decided on October 5, 2021] held that no Service Tax is payable on services provided to a Government Company for 'transmission of electricity'.

M/s. Vivek Constructions ("the Appellant") is registered with the Service Tax Department and is engaged in providing works contract services to Rajasthan Rajya Vidyut Prasaran Nigam Ltd. ("RRVPNL") which is a Government Company. It appeared to Revenue Department that the Appellant has not paid/ short paid service tax for the taxable services provided during the period 2010-2011 to 2014-2015 and thus, the short-paid tax was found to be Rs.7,75,082/-. A show cause notice raising the demand for the same was given to the Appellant.

The Appellant raised the contention that as per exemption notification no.11/2010-ST dated 27.12.2010, the services provided by any person to any other person for 'transmission of electricity' is exempt from service tax. Further, as per negative list of services vide circular no.12/2012-ST read with exemption notification no.25/2012-ST, services provided to the Government and Government Companies are exempt and only those services were taxable, which are used primarily for commerce or industry, or work intended for commerce or industry.

The CESTAT accepted the said contentions and held that the Appellant was entitled to exemption for both time periods i.e., 2010-2011 and 2014-2015. In regard to the 2010-2011 period, it was held that as the Appellant is entitled to exemption under notification nos.11/2010 read with 45/2010-ST as the services were provided to RRVPNL, which is engaged in transmission of electricity. For the period of 2014-2015, it was held that the Appellant will be entitled to exemption as services rendered to the Government Companies, i.e., RRVPNL in the present case, post 30.06.2012, being of non-commercial nature, was also exempt under Notification No.25/2012-ST. Hence, the CESTAT set aside all the demands of tax and penalties.

FAQ :

No, the CESTAT has ruled that Service Tax is not payable on services provided to a Government Company for the transmission of electricity, based on exemption notifications.

The case involved M/s. Vivek Constructions providing services to Rajasthan Rajya Vidyut Prasaran Nigam Ltd. (RRVPNL), a Government Company.

The main arguments were that services for 'transmission of electricity' are exempt, and services provided to Government Companies are also exempt, particularly if they are not for commercial purposes.

Yes, the CESTAT accepted the appellant's contentions and held that they were entitled to exemption from Service Tax for the periods in question.

The CESTAT set aside all demands for Service Tax and penalties that had been raised by the Revenue Department.

 



Judgement posted by

Service

FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

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