9911796707
TMI Blog2023 (3) TMI 17X X X X Extracts X X X X X X X X Extracts X X X X ..... oss Objection to the appeal filed by the Revenue. 2. The facts of the case are that the Government of Bihar awarded to the respondent the right to use mining of minerals, oil or gas in respect of sand ghats of Patna, Bhojpur and Saran of the State of Bihar. The right to use of natural resources (Sand) was assigned for the period 2015 to 2019 on 29.12.2014. As per the settlement agreement, the amount have fixed for the year 2015 and 20% increase was fixed in respect of subsequent year 2016-2019. The fixed percentage of settlement amount was so fixed must be remitted at the prescribed dates as mentioned below : (1) First installment (50%) : by 15th December of the previous financial year. (i.e. for 2017, the 50% amount must be paid prior t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondent is not entitled to claim the benefit of exemption Notification Sl.No.61 dated 13th April, 2016. 5. On the other hand, the Ld.Counsel for the respondent, reiterated the findings of the impugned order. 6. Heard the parties and considered the submissions and gone through the impugned Notification as well as impugned order noted contents thereof. In the impugned order, the adjudicating authority has examined the issue in detail and observed as under : (i) " A tender-cum auction was organized on 21.10.2014 and finalized on 29.12.2014 for the unit no. one comprising all rivers passing through the districts of Bhojpur in the state of Bihar (refer copies of agreements enclosed as Annexure-B); (ii) M/s BSCPL being highest bidd ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e such natural resource."
8. On examination of the said Notification, right to use assigned by the Government or the local authority before the 1st April, 2016, is entitled for exemption from payment of service tax. Admittedly in the instant case, the right to use of natural resources (Sand) were assigned on 29.12.2014, which has no concern with the terms of payment.
9. In that circumstances, we do not find any infirmity in the impugned order. Accordingly, the same is upheld.
10. In the result, the appeal filed by the Revenue stands dismissed. Stay Petition also stands dismissed.
11. Cross Objection filed by the respondent also gets disposed of.
(Pronounced in the open court on...28.02.2023.) X X X X Extracts X X X X X X X X Extracts X X X X
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