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    <title>2024 (5) TMI 326 - CESTAT NEW DELHI</title>
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    <description>An agreement allowing industrial drawing of water from a Government reservoir, read with the Madhya Pradesh irrigation law and rules, was held to be a regulated supply of water rather than an assignment of the right to use a natural resource. The arrangement required the user to make its own conveyance and civil arrangements, dealt with shortage and force majeure, and charged consideration by quantity drawn, but did not transfer effective control over the resource. The deemed-sale argument under Article 366(29A) was rejected, and the service-tax provisions and claimed exemption were held inapplicable. The demand and penalties were therefore unsustainable.</description>
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      <link>https://www.taxtmi.com/caselaws?id=752273</link>
      <description>An agreement allowing industrial drawing of water from a Government reservoir, read with the Madhya Pradesh irrigation law and rules, was held to be a regulated supply of water rather than an assignment of the right to use a natural resource. The arrangement required the user to make its own conveyance and civil arrangements, dealt with shortage and force majeure, and charged consideration by quantity drawn, but did not transfer effective control over the resource. The deemed-sale argument under Article 366(29A) was rejected, and the service-tax provisions and claimed exemption were held inapplicable. The demand and penalties were therefore unsustainable.</description>
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