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of <h1>Service Tax Demand on Ministry of Defence Repair Services Annulled</h1> <h3>M/s. Bharat Electronics Limited Versus Commissioner of G.S.T. and Central Excise, Chennai</h3> M/s. Bharat Electronics Limited Versus Commissioner of G.S.T. and Central Excise, Chennai - TMI Issues Involved:1. Whether the demand under Repair and Maintenance service which is in the nature of works contract is sustainable.2. Whether the demand on the liquidated damages is sustainable.3. Whether the extended period of limitation is invokable.Summary:1. Demand under Repair and Maintenance Service:The Tribunal examined whether the appellant's activities of re-engineering sub-assemblies of battle tanks for the Ministry of Defence were liable to Service Tax under Repair and Maintenance services. The appellant argued that their services were exempt under Notification No. 25/2012-S.T. and Section 102 of the Finance Act, 2016. The lower authority had rejected this claim, stating that the appellant's activities did not qualify as 'original works.' However, the Tribunal found that the services provided to the Government for defence purposes were not consumed in commerce or industry and thus fell under the exemption provided by Notification No. 25/2012-S.T. Consequently, the demand for Service Tax on repair and maintenance services for the period from April 2010 to August 2014 was set aside.2. Demand on Liquidated Damages:The Tribunal reviewed the demand for Service Tax on liquidated damages collected due to delayed supplies by job workers. The appellant contended that liquidated damages could not be considered as 'consideration' for services. The Tribunal referred to several CESTAT decisions and a Circular No. 214/1/2023-Service Tax dated 28.02.2023, which clarified that liquidated damages are not subject to Service Tax. Thus, the demand on liquidated damages for the periods from July 2012 to March 2015 and April 2015 to March 2016 was set aside.3. Extended Period of Limitation:The Tribunal addressed whether the extended period of limitation under Section 73(1) of the Finance Act, 1994, was justifiably invoked. The lower authority had alleged that the appellant wilfully mis-stated material facts to evade tax. The appellant argued that the issue involved interpretation of complex legal provisions and, as a public sector undertaking, had no intent to evade tax. The Tribunal agreed with the appellant, noting that the issue was mired in litigation and interpretation of law, and there was no scope to allege suppression with intent to evade tax. Therefore, the invocation of the extended period of limitation was held to be unjustified.Conclusion:The Tribunal set aside the impugned order, allowing the appeals with consequential benefits, if any, as per law. The demands on repair and maintenance/overhauling charges and liquidated damages were annulled, and the extended period of limitation was deemed inapplicable.
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