Condonation of Delay: Tribunal directed condonation where rectification proceedings were pursued, ordering merits adjudication after opportunity to be...
Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
CESTAT held that the expression "transmission or distribution of electricity" has wide amplitude and covers services having a direct, proximate and integral nexus with that activity. On that basis, works contract services for erection, commissioning, installation and allied works, and manpower services used for movement, safeguarding and operational support, were treated as indispensable to electricity transmission and distribution and were not taxable under reverse charge. By contrast, rent-a-cab service for official use lacked the required direct nexus and was not exempt; however, the demand on that service was barred by limitation because mere non-payment or non-registration, without fraud, suppression or wilful misstatement, could not justify the extended period.
CESTAT held that the expression "transmission or distribution of electricity" has wide amplitude and covers services having a direct, proximate and integral nexus with that activity. On that basis, works contract services for erection, commissioning, installation and allied works, and manpower services used for movement, safeguarding and operational support, were treated as indispensable to electricity transmission and distribution and were not taxable under reverse charge. By contrast, rent-a-cab service for official use lacked the required direct nexus and was not exempt; however, the demand on that service was barred by limitation because mere non-payment or non-registration, without fraud, suppression or wilful misstatement, could not justify the extended period.
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