2024 (10) TMI 122

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....Services Tax Acts (herein referred to as G.S.T. & C.G.S.T.). As part of its activities, the petitioner had undertaken the construction and maintenance of National Highway No.16 from 580.671 km to 634.861 km (approx.54.19 km) under NHDP Phase-V on Hybrid Annuity Mode. This mode requires the petitioner to design, build, operate and transfer the said section of the national highway on 'D.B.O.T. Annuity' or 'Hybrid Annuity' basis. For this purpose, the petitioner had entered into a concession agreement, dated 18.01.2018, with the National Highway Authority of India. 2. The relevant terms of the concession agreement were that the petitioner would construct, operate and maintain the said length of the national highway during the period of the ag....

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.... of State Tax, Appellate Authority, Vijayawada by way of Appeals set out in the table extracted below. All these Appeals were dismissed on the dates set out below: S.No W.P.No. Period Impugned Order Demand Confirmed Demand Paid/Recovered 1. 17225/2023 2017-18 to 2020-21 (Feb 2021) Order-in-Appeal Reference No. ZD371222019171X dated 31.12.2022 Rs.41,09,65,364/- Rs. 4,65,43,756/- [paid as pre-deposit before C(A) on 30.05.2022] Rs. 36,44,21,608/- (Electronic Credit Ledger debited by the Department on 13.03.2023) 2. 30946/2023 April 2022 to November 2022 Order-in-Appeal bearing CTD Order No. DIN 3713092339361 dated 13.09.2023 Rs.11,57,90,450/- Rs. 1,15,79,045/- [paid as pre-deposit before C(A)] Rs. 2,31,58,090/- (paid vide cas....

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....s the annuity is based for maintenance of the road and management of the said road with the said responsibility commencing from the date of the concession period. 12. The issue as to whether the view of the petitioner is to be accepted or whether the view of the assessing authority and the appellate authority is to be accepted is now settled in view of the circular dated 26.06.2024, issued by the Government of India, Ministry of Finance, Central Board of indirect taxes and Customs bearing No. 221/15/2024-GST. In this circular, the C.B.I.C. has taken the view that the tax is payable at the time of issuance of invoice or receipt of payments of annuity, whichever is earlier. The relevant part of the circular reads as follows: "3. In the lig....