‘Consideration’ defined under Indian contract Act is different from Finance Act

Sankalpan Infrastructure Pvt. Ltd Vs Commissioner of Service Tax (CESTAT Mumbai) The appellant is a works contractor. Demand was confirmed under “commercial or industrial construction” service, “works contract service”, “renting of immovable property” service and “business support service”. The Hon’ble CESTAT, Mumbai set aside all demands holding: (i) demand prior to 01.07.2017 under “construction” service for works contract cannot survive. Follows Larsen and Toubro (SC); (ii) point of taxation (on accrual basis) cannot be ground to demand tax again once the tax has been ...