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Case Law Details

Case Name : Commissioner of CGST & Central Excise Vs Meatek Food & Machineries India Pvt. Ltd. (CESTAT Allahabad)
Appeal Number : Service Tax Appeal No.70577 of 2019
Date of Judgement/Order : 05/01/2024
Related Assessment Year :
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Commissioner of CGST & Central Excise Vs Meatek Food & Machineries India Pvt. Ltd. (CESTAT Allahabad)

Introduction: In a recent judgment, the Commissioner of CGST & Central Excise faced off against Meatek Food & Machineries India Pvt. Ltd. before the CESTAT Allahabad. The central issue revolved around the applicability of Service Tax for the design and construction work undertaken for a slaughterhouse commissioned by the Kolkata Municipal Corporation. The CESTAT’s ruling, which sets aside the earlier order, has significant implications for the taxation of such projects. This article delves into the details of the case, the arguments presented, and the key considerations that led to the decision.

Detailed Analysis: The case involved Meatek Food & Machineries India Pvt. Ltd., which undertook the Design & Engineering, Land & Site Development, and Civil works for the construction of a slaughterhouse for the Kolkata Municipal Corporation. The Revenue contended that this activity should be subjected to Service Tax, leading to a show cause notice and subsequent proceedings.

The Commissioner (Appeals) initially confirmed the demand for Service Tax, interest, and imposed penalties on Meatek Food & Machineries India Pvt. Ltd. However, the CESTAT Allahabad, in its detailed analysis, disagreed with this stance. The Commissioner (Appeals) had observed that the slaughterhouse construction fell under para 12(a) of the Mega Exemption Notification No.25/2012-ST, which exempts services provided to the Government or local authorities for works not meant for commerce or industry.

The CESTAT’s analysis focused on Article 243W of the Constitution, which mandates local bodies’ responsibilities, including the regulation of slaughterhouses. The Tribunal concurred with the Commissioner (Appeals), stating that the construction of the slaughterhouse for Kolkata Municipal Corporation was in line with its constitutional obligations, not for commerce or industry. Therefore, the services provided by Meatek Food & Machineries India Pvt. Ltd. were covered under the Mega Exemption Notification, leading to the dismissal of the Revenue’s appeal.

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