CESTAT ruled that gas/oxygen plants erected by appellants do not ...

Gas and Oxygen Plant Installations Deemed Movable Equipment, Exempt from Service Tax Under Renting of Immovable Property Rules

April 30, 2025

Case Laws     Service Tax     AT

CESTAT ruled that gas/oxygen plants erected by appellants do not constitute immovable property for service tax purposes. The tribunal determined that the plant equipment was not permanently affixed to the earth and could be dismantled without substantial damage. The statutory definition of 'immovable property' under the service tax law is strictly limited to buildings, land, and related facilities. Consequently, lease rentals received for such plant installations do not attract service tax under the 'Renting of Immovable Property' service category. The tribunal set aside previous orders and allowed the appellants' appeals, finding that the plant structures were movable and did not meet the legal threshold for immovable property classification.

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