Applicability of Notification No. 24/2009

[Penumerthy Muralikrishna]

Notification No. 24/2009-ST dated 27/07/2009 exempts the taxable service provided to any person by any other person in relation to management, maintenance or repair of roads, from the whole of the service tax leviable thereon under section 66 of the said  Finance Act, 1994. My querry is that the above notfn. is retrospective effect and in that case what will be the affect prior to 27/07/2009.

[Mukesh Kumar]

The above notification is prospective in nature. Where tax was levied or collected or charged, there is no option except to make payment to the government for the services rendered before 27-7-2009.

AI Summary

Prospective application of exemption: pre-enactment road maintenance services remain taxable if tax was levied or collected. Notification No. 24/2009 exempts services for management, maintenance or repair of roads from service tax, but its application is prospective; tax liabilities for such services arising before the notification's commencement remain payable where tax was levied, collected or charged.