CIDCO Service Tax

Hi I would like to have the information about the Service Tax Notice which has been received by CIDCO for non payment of service tax for the period between 2007-2012?

[Rajkumar Agarwal]

The Service Tax Department has asked Maharashtra's town arranging organization CIDCO to pay Rs. 136 crore and furthermore forced on it a punishment of a similar sum for not paying duty on rented properties.

In the request issued as of late, Service Tax Commissioner, R. Sekar, has held that the renting of modern plots for development goes under the domain of the administration charge.

The Directorate General of Central Excise Intelligence (DGCEI) had a year ago issued a showcause-cum-request notice of Rs. 136 crore to the City and Industrial Development Corporation (CIDCO).

The DGCEI said the duty was not paid from appraisal year 2007 to 2012.

As per DGCEI's notice, CIDCO had gathered rent premium/lease against renting of mechanical plots in Navi Mumbai however had not paid administration impose on such administrations gave.

"Corporate substances of open area endeavors carrying on business action without playing out any sovereign capacity of the state can't be dealt with as Government in essence," said Sekar in his request.

Being joined as an organization under the Companies Act 1956, CIDCO can't be dealt with as an administration division, the official further said.

With this request, CIDCO should pay around Rs. 272 crore to the exhausting organization.

In any case, the administration expense official's request can be tested before the Customs Excise and Service Tax redrafting tribunal.