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The HC allowed the petition by way of remand, directing that the matter be referred to the concerned Adjudicating Authority to determine within three months whether amounts recovered by the petitioner for electricity supply are exigible to service tax under the Finance Act, 1994. The HC declined to adjudicate merits, holding writ jurisdiction under Articles 226/227 does not permit reappreciation of evidence or factual findings and noting the appellate order was not challenged. The court observed the petitioner has made a prima facie showing that charges mirrored those of the distribution company, but bills and records must be examined by the Adjudicating Authority before any tax liability is fixed.
The HC allowed the petition by way of remand, directing that the matter be referred to the concerned Adjudicating Authority to determine within three months whether amounts recovered by the petitioner for electricity supply are exigible to service tax under the Finance Act, 1994. The HC declined to adjudicate merits, holding writ jurisdiction under Articles 226/227 does not permit reappreciation of evidence or factual findings and noting the appellate order was not challenged. The court observed the petitioner has made a prima facie showing that charges mirrored those of the distribution company, but bills and records must be examined by the Adjudicating Authority before any tax liability is fixed.
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