https://www.taxtmi.com/caselaws?id=753738 Fixed charges collected under a power purchase arrangement were not taxable as consideration for agreeing to refrain from, tolerate, or do an act under section 66E(e) of the Finance Act, 1994. The agreement, read as a whole, showed that the charges formed part of the sale proceeds of electricity and were not a separate payment for any independent obligation to refrain from selling power to others. The material did not establish a declared service, and the later Board clarifications were relied upon to support the view that tax is not attracted absent a distinct obligation coupled with consideration. en-us Thu, 25 Jan 2024 00:00:00 +0530 Mon, 10 Jun 2024 07:42:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=753738 Fixed charges collected under a power purchase arrangement were not taxable as consideration for agreeing to refrain from, tolerate, or do an act under section 66E(e) of the Finance Act, 1994. The agreement, read as a whole, showed that the charges formed part of the sale proceeds of electricity and were not a separate payment for any independent obligation to refrain from selling power to others. The material did not establish a declared service, and the later Board clarifications were relied upon to support the view that tax is not attracted absent a distinct obligation coupled with consideration. Case-Laws Service Tax Thu, 25 Jan 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=753738