VidhiSangh

Supreme Court of India · 28/08/2020

COMMISSIONER OF SERVICE TAX, versus M/S. ADANI GAS LTD.

[2020] 8 S.C.R. 875 · 2020 INSC 513

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Summary

Gas connection charges for supplying pipelines and SKID measurement equipment attracted service tax under Section 65(105)(zzzzj) of the Finance Act, 1994. Although the supplier retained possession and effective control, the equipment served customers by ensuring accurate billing, regulated pressure and safe gas delivery. Use neither required physical operation by the customer nor exclusive benefit to it. The refundable-security-deposit argument failed on the evidence. The Tribunal’s decision was set aside and the adjudicating authority’s order restored.

Issues

  1. Whether pipelines and SKID equipment supplied under gas sale agreements were supplied for customers’ use despite the supplier retaining possession and effective control.
  2. Whether gas connection charges were refundable security deposits rather than consideration for a taxable service.

Provisions considered

Held

Result

Appeal allowed. The Tribunal’s judgment was set aside and the adjudicating authority’s order restored; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2020] 8 S.C.R. 875.