CESTAT Rules Maintenance of Roads Includes Carriageways and Dividers Under Finance Act Sections 75 and 78

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....The CESTAT reversed the original authority's decision to drop proceedings for recovery of tax, interest under section 75, and penalties under section 78 of the Finance Act, 1994, relating to maintenance or repair of roads service. It was held that the activity qualifies as maintenance or repair of roads, which includes carriageways and landscaped dividers, rejecting the narrower interpretation that excluded dividers. The tribunal emphasized that retrospective exemptions granted by CBEC and prior rulings extend to pavements and dividers, undermining the tax department's reliance on the extended limitation period for the 2008-09 assessment. Given the inconsistent administrative position and authoritative precedents, the invocation of the extended limitation period was found unjustified. Consequently, the impugned order was set aside, and the appeal was allowed.....