2023 (9) TMI 75

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....ppellant has filed the present appeal. 2. In their grounds of appeal, the Appellant stated that SBPDCL is a Govt. of Bihar Undertaking and is incorporated under the Companies Act, 1956. The audited financial statement of SBPDCL for FY 2021-22 as available in its website Notice Board (sbpdcl.co.in) Provides the company information as below: "South Bihar Power Distribution Company Limited, is a company incorporated under the Companies Act, 1956, applicable in India in July 2012, to which the State Govt. Through the Department of Energy has vested Distribution undertakings existing within the territory of South Bihar (South of Ganga River) of the erstwhile Bihar State Electricity Board in accordance with the Bihar State Electricity Reforms Transfer Scheme, 2012 vide Notification No. 17 dated 30.10.2012. The address of the Company's registered office is Vidyut Bhawan, Bailey Road, Patna 800021. The Company is primarily involved in the distribution of power within the territory of South Bihar (South of Ganga River) of the Bihar State. 3. The Company is subsidiary of Bihar State Power (Holding) Company Limited which holds 100% of shares in the company." Bihar State Power (....

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....e appeal filed by the appellant. 7. Heard both sides and perused the appeal records. 8. We observe that the two issues to be decided in this appeal are: (i) Whether SBPDCL are a 'Government Authority' or not, as defined in clause 2(s) of the Notification No. 25/2012-ST dated 20.06.2012? (ii) Whether the works carried out by the Appellant for SBPDCL are specified as a function entrusted to a Municipality under Article 243W of the Constitution of India? 9. In order to answer the first question, it is necessary to see the definition of 'Government Authority' and whether the Appellant falls within its ambit. Clause 2(s) defines 'Government Authority' as under: Clause 2(s)- "Governmental authority means a Board, or an authority or any other body established with 90% or more participation by way of equity or control by Government and set up by an Act of the Parliament or a State Legislature to carry out any function entrusted to a municipality under Article 243W of the Constitution." The said clause 2(s) have been substituted by Notification No. 2/2014-S.T. w.e.f. 30-1-2014, which is as follows :- "In the said ....

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....nt Authority'. In view of the above discussion and by following the decisions cited above, we hold that SBPDCL is a 'Government Authority'. 13. The next issue to be decided is whether the works carried out by the Appellant for SBPDCL are specified as functions entrusted to a Municipality under Article 243W of the Constitution of India. We observe that Notification 25/2012-ST dated 20.06.2012 exempts certain services rendered to Government Authorities. The relevant exemption entry No. 12A(a) and Entry No. 25 of Notification No. 25/2012-ST dated 20.06.2012 is reproduced below: "12(A). Services provided to the Government, a local authority or a governmental authority by way of construction , erection, commissioning, installation, completion, fitting out, repair, maintenance, renovation, or alteration of - (a) a civil structure or any other original works meant predominantly for use other than for commerce, industry, or any other business or profession;" "25. Services provided to the Government, a local authority or a Government authority by way of (a) water supply, public health, sanitation conservancy, solid waste management or slump....

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....s and bridges. (e) Water supply for domestic, industrial and commercial purposes. (f) Public health, sanitation conservancy and solid waste management. (g) Fire services. (h) Urban forestry, protection of the environment and promotion of ecological aspects. (i) Safeguarding the interests of weaker sections of society, including the handicapped and mentally retarded. (j) Slum improvement and upgradation. (k) Urban poverty alleviation. (l) Provision of urban amenities and facilities such as parks, gardens, playgrounds. (m) Promotion of cultural, educational and aesthetic aspects. (n) Burials & burial grounds; cremations, cremation grounds; and electric crematoriums. (o) Cattle pounds; prevention of cruelty to animals. (p) Vital statistics including registration of births and deaths. (q) Public amenities including street lighting, parking lots, bus stops and public conveniences. (r) Regulation of slaughter houses and tanneries. 17. From the Work Order, we observe that the services undertaken by the Appellant are related to supply of materials and equipments,....