VidhiSangh

Supreme Court of India · 14/07/2025

M/S STEMCYTE INDIA THERAPEUTICS PVT. LTD. versus COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX, AHMEDABAD -III

[2025] 8 S.C.R. 70 · 2025 INSC 841

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Summary

Enrolment, collection, processing and storage of umbilical cord blood stem cells by a registered cord blood bank are 'health care services' by a clinical establishment exempt under Entry 2 of Notification No. 25/2012-ST, even for the period before Entry 2A (Notification No. 4/2014-ST) specifically exempted cord blood banks; the 2014 notification is clarificatory though not retrospective. The service tax demand for 01.07.2012 to 16.02.2014 was also time-barred, as the extended period under Section 73 of the Finance Act, 1994 could not be invoked absent fraud, suppression or intent to evade, and the penalties were set aside.

Issues

  1. Whether the show cause notice dated 28.07.2017 demanding service tax for 01.07.2012 to 16.02.2014 was barred by limitation, the extended period under the proviso to Section 73(1) of the Finance Act, 1994 having been invoked.
  2. Whether the services of enrolment, collection, processing and storage of umbilical cord blood stem cells rendered by a cord blood bank fall within 'health care services' by a clinical establishment under Entry 2 and clause 2(t) of Notification No. 25/2012-ST.
  3. Whether Entry 2A inserted by Notification No. 4/2014-ST, exempting services of cord blood banks, is clarificatory or confers exemption only prospectively from 17.02.2014.
  4. Whether penalties under Sections 77 and 78 of the Finance Act, 1994 and interest were sustainable.

Provisions considered

Held

Result

Appeals allowed; CESTAT's common order dated 02.08.2024 confirming the service tax demand of Rs. 2,07,29,576 with interest and penalties and rejecting the refund claim set aside in its entirety; deposit of Rs. 40,00,000 to be refunded within four weeks of receipt of the judgment; no costs.

Judgment PDF: Supreme Court of India, [2025] 8 S.C.R. 70.