Supreme Court of India · 2023-10-13
COMMISSIONER, CUSTOMS CENTRAL EXCISE AND SERVICE TAX, PATNA vs M/S. SHAPOORJI PALOONJI AND COMPANY PVT LTD AND ORS.
- Citation / case number
- SC 2017/6140
- Court
- Supreme Court of India
- Petitioner
- COMMISSIONER, CUSTOMS CENTRAL EXCISE AND SERVICE TAX, PATNA
- Respondent
- M/S. SHAPOORJI PALOONJI AND COMPANY PVT LTD AND ORS.
- Author
- HON'BLE MR. JUSTICE DIPANKAR DATTA
- Bench
- HON'BLE MR. JUSTICE DIPANKAR DATTA HON'BLE MR. JUSTICE S. RAVINDRA BHAT
Judgment text excerpt
The Supreme Court examined whether IIT Patna and NIT Rourkela qualify as 'governmental authorities' under the Mega Service Tax Exemption Notification, which would exempt them from service tax on construction services. The courts below had ruled in favor of the respondents, directing refunds of service tax collected. The Supreme Court analyzed the definition of 'governmental authority' and the nature of these institutions to determine their eligibility for exemption. The judgment clarified the scope of the exemption notification and the status of educational institutions in this context.