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ST - Service in relation to Transmission & distribution of electricity - S.11C exemption notification is applicable in respect of tax which was 'not paid' - appellant not eligible to get refund of tax already paid: CESTAT

By TIOL News Services

CHENNAI, SEPT 21, 2014: THE The appellant rendered service in relation to civil structure to facilitate erection of electricity transmission tower for Tamil Nadu Electricity Board. The department raised a Service tax demand of Rs.1,84,000/- on 20.10.2011 for the period 2006-07 & 2007-08 under the category of "Erection, Commissioning or Installation Services".

The appellant is now before the CESTAT and submits that the Central Government by Notification No.45/2010-ST dt. 20.7.2010 issued u/s 11C of the CEA, 1944 r/w 83 of the FA,1994 directed that service tax payable on the taxable services relating to transmission and distribution of electricity provided by the service provider to the service recipient, which was not being levied in accordance with the said practice, shall not be required to be paid during the period upto 26.2.2010 for all taxable services relating to transmission of electricity and the period upto 21.6.2010 for all taxable services relating to distribution of electricity.

It was observed by the Bench that the said claim could have been made while replying to the SCN so that the matter could have been investigated by the lower authorities but nonetheless the appellant is eligible for the exemption notification 45/2010-ST.

To this observation, the AR submitted that the appellant had already paid an amount of Rs.71,625/- against the confirmed demand but the same ‘cannot be released'.

The CESTAT concurred with this submission of the AR by observing thus -

"In our view, the exemption notification (supra) is applicable in respect of the amount which was not paid relating to electricity transmission tower provided by the service provider. Hence the appellant is not eligible to get refund of tax whatever they have paid. In view of the above discussion, we hold that appellant is eligible to benefit of Exemption Notification No.45/2010-ST dt. 20.7.2010 and the demand of balance amount of tax along with interest and penalty is set aside…."

The appeal was disposed of.

(See 2014-TIOL-1805-CESTAT-MAD)


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