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november 2017

Supreme Court of India · 2017-11-07

Union Of India vs Bengal Shrachi Housing Development ...

Citation / case number
AIR 2017 SUPREME COURT 5228
Court
Supreme Court of India
Petitioner
Union Of India
Respondent
Bengal Shrachi Housing Development ...
Author
R.F. Nariman
Bench
Sanjay Kishan Kaul, R.F. Nariman

Judgment text excerpt

The Supreme Court addressed the liability for service tax under the Finance Act, 1994, in the context of a lease agreement. The Court held that the service tax is primarily leviable on the lessee as the recipient of the service, affirming the lower court's decisions which interpreted Clause 6 of the lease deed accordingly. The Court concluded that the lessee, being the user of the premises, is responsible for the payment of service tax, thereby dismissing the appeal by the Appellants.

Union Of India vs Bengal Shrachi Housing Development ... · Niyam