2019 (2) TMI 1103 - AT - Service Tax

Service Tax Appeal Allowed: Electricity Transmission & Distribution Services Exempted

M/s S.K. Shah Versus Commissioner of Central Excise & Service Tax, Kolhapur

The Tribunal allowed the appeal in favor of the appellant, setting aside the Service Tax demand confirmed for services provided to M/s Maharashtra State ... Services were provided to MSEDCL in relation to transmission and distribution of electricity - N/N. 45/2010-ST dated 20.7.2010, 11/2010-ST dated 27.2.2010 and 32/2010-ST dated 22.6.2010 - Held that:- By virtue of N/N. 45/2010-ST dated 20.7.2010, transmission and distribution of electricity for the period upto February, 2010 has been retrospectively held to be not leviable to Service Tax in exercise of powers conferred by Section 11C of the Central Excise Act, 1944 read with Section 83 of the Finance Act, 1994. Subsequently, the transmission of electricity has been held exempted vide Notification No. 11/2010- ST dated 27.2.2010 and distribution of electricity under Notification No. 32/2010-ST dated 22.6.2010. Benefit cannot be denied - appeal allowed - decided in favor of appellant. Issues:- Appeal against Order-in-Original dated 27.03.2015 confirming Service Tax demand.- Interpretation of Notifications 45/2010-ST, 11/2010-ST, and 32/2010-ST regarding transmission and distribution of electricity.- Application of exemptions to services provided to M/s Maharashtra State Electricity Distribution Company Ltd.- Reference to the Tribunal's decision in the case of Kedar Constructions.Analysis:- The appeal was filed against Order-in-Original No. KLH-EXUS- 000-COM-015-14-15 dated 27.03.2015 by the Commissioner of Central Excise & Service Tax, Kolhapur, confirming a Service Tax demand against the appellant for services provided to M/s Maharashtra State Electricity Distribution Company Ltd. (MSEDCL) from 01.4.2007 to 31.3.2012. The demand included interest and penalty, leading to the current appeal.- The appellant contended that the services provided to MSEDCL for transmission and distribution of electricity during the relevant period were covered by Notifications 45/2010-ST, 11/2010-ST, and 32/2010-ST. Citing the Tribunal's decision in the case of Kedar Constructions, the appellant argued in favor of exemption based on the interpretation of these notifications.- The Tribunal analyzed the notifications in question, particularly Notification No. 45/2010-ST dated 20.7.2010, which retrospectively exempted transmission and distribution of electricity from Service Tax. Subsequent notifications, No. 11/2010-ST and No. 32/2010-ST, further clarified and exempted services related to transmission and distribution of electricity from Service Tax. The Tribunal referred to the specific language and scope of these notifications to determine their applicability in the present case.- In the case of Kedar Constructions, the Tribunal had previously interpreted the notifications and held that services related to transmission and distribution of electricity were eligible for exemption from Service Tax. The Tribunal's decision emphasized the broad definition of transmission activities under the Electricity Act, 2003, covering various aspects such as substations and equipment. Consequently, the Tribunal ruled in favor of the appellant, setting aside the impugned order and allowing the appeal with any consequential relief as per law.- The judgment highlighted the distinction between activities related to transmission or distribution of electricity and other non-related activities, upholding the demands confirmed for non-electricity related services while granting relief for transmission/distribution activities. The Tribunal's decision provided a comprehensive analysis of the notifications and their application to the specific services provided by the appellant to MSEDCL, ultimately resulting in the appeal being allowed in favor of the appellant.