VidhiSangh

Supreme Court of India · 02/08/2022

M/S. TOTAL ENVIRONMENT BUILDING SYSTEMS PVT. LTD versus THE DEPUTY COMMISSIONER OF COMMERCIAL TAXES & ORS

[2022] 17 S.C.R. 883 · 2022 INSC 780

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Summary

In a batch of appeals, the question was whether service tax could be levied on composite, indivisible works contracts before the Finance Act, 2007 inserted Section 65(105)(zzzza) into the Finance Act, 1994. In Larsen and Toubro (2015) this Court had held that no such tax was leviable, overruling the Delhi High Court's G.D. Builders. The Revenue conceded the point was covered but sought a reference to a larger Bench. On the principle of stare decisis, the Court refused. Larsen and Toubro had been followed by this Court and consistently by High Courts and Tribunals, the Revenue had never sought review. In a concurring opinion, Nagarathna J. held on the merits that the 2007 amendment was not clarificatory. The assessees' appeals were allowed and the pre-2007 assessments quashed, and the Revenue's appeal was dismissed.

Issues

  1. Whether service tax was leviable on composite, indivisible works contracts for the period before the Finance Act, 2007 introduced Section 65(105)(zzzza) into the Finance Act, 1994.
  2. Whether Commissioner, Central Excise and Customs v. Larsen and Toubro Ltd. (2016) 1 SCC 170 should be reconsidered or referred to a larger Bench.

Provisions considered

Held

Result

The assessees' appeals are allowed and the judgments and assessment orders levying service tax on indivisible works contracts for the pre-2007 period are quashed; the Revenue's appeal is dismissed. No costs.

Judgment PDF: Supreme Court of India, [2022] 17 S.C.R. 883.