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october 2023

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.

COMMISSIONER, CUSTOMS CENTRAL EXCISE AND SERVICE TAX, PATNA vs M/S. SHAPOORJI PALOONJI AND COMPANY PVT LTD AND ORS. · Niyam