VidhiSangh

Supreme Court of India · 07/11/2017

UNION OF JNDIA & ORS. versus BENGAL SHRACHI HOUSING DEVELOPMENT LIMITED &ANR.

[2017] 14 S.C.R. 347 · 2017 INSC 1084

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Summary

A government lessee disputed service-tax liability under a lease allocating taxes primarily leviable on each party. The Court held that the service provider was the statutory taxpayer and Clause6 ordinarily placed the burden on the lessor. Nevertheless, the Union’s express pre-lease letters undertaking to bear service tax led the Court to refuse discretionary relief on the facts.

Issues

  1. Whether the indirect nature of service tax made the lessee the person primarily liable under Clause6.
  2. Whether the presumption of passing on incidence changed statutory taxpayer identity.
  3. Whether the Union’s express letters justified leaving the payment result undisturbed.

Provisions considered

Held

Result

Appeal disposed of: Division Bench reasoning set aside on law, but appeal failed on the facts because the Union had expressly undertaken to bear service tax in its letters; discretionary relief refused.

Judgment PDF: Supreme Court of India, [2017] 14 S.C.R. 347.