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PJ/Case Laws/2011-12/1408

Liability to pay tax by toll tax collected by MCD

Case: - BANAS SANDS TTCP LTD Vs COMMISSIONER OF C EX, (ADJ), NEW DELHI
 
Citation: - 2011-TIOL-1429-CESTAT-DEL
 
Issue:-Whether Collection of toll tax on behalf of MCD (Municipal Corporation of Delhi) on the entry of commercial vehicles in the State of Delhi can be termed as Business Auxiliary Service?
 
Brief Facts:- The Municipal Corporation of Delhi was collecting toll tax on the entry of commercial vehicles in the State of Delhi. MCD has raised tenders for collecting of toll tax on various points in Delhi. The applicants were one of the successful bidders and were appointed for collection of toll tax at various points.
 
The Department raised demand of service tax on the collection of the toll tax under the head ‘business auxiliary service’. Demand was confirmed against them.
 
Against the said order, applicant-assessee is in appeal before the Tribunal and application is filed for waiver of pre-deposit.   
 
Appellant’s Contention: - Applicants submitted that they are collection tax on behalf of MCD. Collection of toll tax on the entry of commercial vehicles in the state of Delhi is a sovereign function of MCD which is not a business activity. Hence the collection of toll tax is not covered under the Business auxiliary service.
 
Reasoning of Judgment:- The Tribunal held that collection of toll tax on the entry of commercial vehicles in the state of Delhi is a sovereign function of MCD cannot be termed as a business auxiliary service. It was held that appellant have a strond prima facie case in their favour. Waiver of pre-deposit and stay granted.
 
Decision:- Appeal allowed.

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