VidhiSangh

Supreme Court of India · 19/05/2023

CENTRAL GST DELHI - III versus DELHI INTERNATIONAL AIRPORT LTD

[2023] 7 S.C.R. 322 · 2023 INSC 572

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Summary

The Court held that the airport development fees in issue were statutory exactions for specified development purposes, rather than consideration for airport services. Their collection and use through regulated escrow accounts did not change that character. In the absence of a nexus with taxable services, the fees were not subject to the service-tax demands, and the revenue’s appeals were dismissed.

Issues

  1. Whether development fees collected under Section 22A of the Airports Authority of India Act formed taxable consideration for airport services.
  2. Whether discretionary levy and deposit outside the government treasury changed their statutory character.

Provisions considered

Held

Result

Revenue appeals dismissed; impugned CESTAT orders upheld. No order as to costs.

Judgment PDF: Supreme Court of India, [2023] 7 S.C.R. 322.