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Impugned orders set aside, cases remitted to re-examine issue in light of CBIC Circular No.221/15/2024-GST dated 26.06.2024. Petitioner prima facie not liable to pay tax if no invoice raised on NHAI. Tax liability arises when petitioner raises invoice for payment or receives annuities. Mere sub-contracting and advance completion of work for receiving annuity payments over 15 years does not disentitle petitioner from availing input tax credit or infer tax liability on entire contract value without invoicing or payment receipt. Re-examination ordered in light of observations and circular.
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