Cooperative society deposits, member-interest TDS exemption and credit-facility deduction claims require verification through records and supporting e...
Customs jurisdiction over EPCG condition breaches survives export-obligation discharge certificates, requiring alleged fraud and misdeclaration to be ...
Contractual tolerance requires consideration; breach recoveries, qualifying public infrastructure services and road works escape service tax liability...
Late payment surcharge collected on delayed payment of electricity dues was treated as part of the electricity tariff, not as an independent declared service of tolerating an act. The CESTAT held that the surcharge arose only on default in payment, had an intrinsic nexus with the principal supply of electricity, and could not be artificially separated from that supply. It therefore formed a naturally bundled or composite supply to be taxed in the same manner as the exempt electricity supply. Relying on CBIC clarification and prior decisions, the Tribunal held that service tax, interest, and penalties were unsustainable.
Late payment surcharge collected on delayed payment of electricity dues was treated as part of the electricity tariff, not as an independent declared service of tolerating an act. The CESTAT held that the surcharge arose only on default in payment, had an intrinsic nexus with the principal supply of electricity, and could not be artificially separated from that supply. It therefore formed a naturally bundled or composite supply to be taxed in the same manner as the exempt electricity supply. Relying on CBIC clarification and prior decisions, the Tribunal held that service tax, interest, and penalties were unsustainable.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4794
Join Channel
TaxTMI 
