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Supreme Court of India · 2022-07-11

COMMISSIONER OF CENTRAL EXCISE RAIPUR vs M/S SEPCO ELECTRIC POWER CONSTRUCTION CORPORATION

Citation / case number
SC 2018/12851
Court
Supreme Court of India
Petitioner
COMMISSIONER OF CENTRAL EXCISE RAIPUR
Respondent
M/S SEPCO ELECTRIC POWER CONSTRUCTION CORPORATION
Author
HON'BLE MR. JUSTICE M.R. SHAH
Bench
HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE M.R. SHAH

Judgment text excerpt

The Supreme Court ruled in favor of M/s Sepco Electric Power Construction Corporation, affirming the CESTAT's decision that the services rendered by the respondent as 'Consulting Engineer Services' were not subject to service tax. The court found that the respondent, a foreign entity, was not liable for service tax as it was not registered under the Service Tax Act and had not received payments for taxable services. This judgment clarifies the applicability of service tax on foreign entities providing consulting services in India.

COMMISSIONER OF CENTRAL EXCISE RAIPUR vs M/S SEPCO ELECTRIC POWER CONSTRUCTION CORPORATION · Niyam