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Service tax not payable on construction service to Municipal Corporation under Jawaharlal Nehru National Urban Renewal Mission

Case Law Details

TaxGuru Citation
2023 taxguru.in 4064
Case Name
Malani Construction Co Vs C.C.E. & S.T.-Rajkot (CESTAT Ahmedabad)
Date of Judgement/Order
Only available for paid members
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Malani Construction Co Vs C.C.E. & S.T.-Rajkot (CESTAT Ahmedabad)

CESTAT Ahmedabad held that services of Construction of residential complex to the Municipal Corporation of Surat under Jawaharlal Nehru National Urban Renewal Mission which is not liable to service tax.

Facts- The issue involved in the present case is that whether the appellant is liable to pay the service tax under the head of “Construction of Residential Complex” provided to Surat Municipal Corporation under the Jawaharlal Nehru National Urban Renewal Mission.

Conclusion- We find that in the present case the appellant have provided the services of Construction of residential complex to the Municipal Corporation of Surat under Jawaharlal Nehru National Urban Renewal Mission which is not liable to service tax.

Held that the service provided to the service recipient namely Surat Municipal Corporation under Jawaharlal Nehru National Urban Renewal Mission are not taxable.

FULL TEXT OF THE CESTAT AHMEDABAD ORDER

The issue involved in the present case is that whether the appellant is liable to pay the service tax under the head of “Construction of Residential Complex” provided to Surat Municipal Corporation under the Jawaharlal Nehru National Urban Renewal Mission.

2. Shri Vikas Mehta, Learned Consultant appearing on behalf of the appellant at the outset submits that the issue is no longer res-integra as the same has been decided in favour of the assessee in the following judgments:-

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