Venture of Indian Railways is a deemed railway company- not exigible to service tax

Last updated: 11 July 2023
Quick Summary
The CESTAT Mumbai has ruled that the Konkan Railway Corporation Limited is a 'deemed to be a railway company' under the Indian Railways Act, 1890. As Indian Railways itself is exempt from service tax, the Tribunal found that the Konkan Railway Corporation is also not liable to pay service tax on the charges received from Indian Railways for the use of its infrastructure. The Commissioner's order demanding service tax was set aside.

Court :
CESTAT, Mumbai

Brief :
The CESTAT, Mumbai in Konkan Railway Corporation Limited v. Commissioner of Service Tax[Service Tax Appeal No. 87709 of 2019 dated June 22, 2023] set aside the order passed by the Commissioner by observing that assessee is 'a deemed to be a railway company' under the provision of Indian Railways Act, 1890 and since Indian railways was exempt from payment of service tax no service tax liable on the assessee.

Citation :
Service Tax Appeal No. 87709 of 2019 dated June 22, 2023

Daily Limit Reached

You have reached your daily limit of 2 Free Judgements

Subscribe to CCI PRO for unlimited access

Why Upgrade to CCI PRO?
  • No Ads
  • WhatsApp Broadcasts
  • Daily E-Newsletter
  • Unlimited Judgements Access
BEST VALUE
2 YEAR PLAN
3,499
(Inclusive of GST)
1 YEAR PLAN
1,999
(Inclusive of GST)
View all CCI PRO benfits

Already a PRO member? Login here for an ad-free experience.

 
Comments


Recent Judgments :

  1. Forest Development Tax Demand, Collection and Refund Subject to Final Outcome of Pending Cases
  2. SC : Extended Limitation Cannot Be Invoked Where Department Was Aware of Valuation Facts
  3. SC : Selling Shares While in Possession of UPSI Constitutes Insider Trading Even if No Profit Is Made
  4. SC : Laser Imagers Compatible with Machines Under Different Tariff Headings Classifiable Under CTH 9033
  5. Education Consultancy Services to Foreign Universities Not Intermediary Services; Refund of IGST on Export of Services Allowed
  6. Penalty Cannot Be Confirmed Beyond What is Specified in Statutory Form GST DRC-01
  7. Non-Supply of Field Visit Report Vitiates Rejection of Revocation Application
  8. Alternative Remedy before GSTAT to be Exhausted Despite Allegation that Adjudication Travelled Beyond SCN
  9. ITAT Jodhpur: AO Allows ₹2.61 Crore Deduction under Sections 54EC and 54F; Assessee's Appeal Dismissed as Infructuous
  10. CESTAT Revokes Suspension of Customs Broker Licence for Non-Compliance with Mandatory 15-Day Hearing Requirement

View More Judgments »


Trending Online Classes

view all classess

CCI Pro
Meet our CAclubindia PRO Members
Pro Member DHANASHRI KARMARKAR DHANASHRI KARMARKAR Pro Member KayOne ConsultingKayOne ConsultingPro Member AGNIHOTRAM RAM NARAYANAAGNIHOTRAM RAM NARAYANAPro Member NISHANT SIPANINISHANT SIPANIPro Member Amar HiroAmar Hiro
Subscribe to Pro
Join an elite circle of professionals

Browse by Category