M/s. Apco Arasavalli Expressway Pvt. Ltd., v. The Additional Gommissioner of State Tax
Case brief
What is this about?
A road contractor under a National Highways Hybrid Annuity Mode concession agreement challenged GST demands raised on annuity installments on the ground that tax was payable only on issuance of invoice or receipt of payment, whichever is earlier. Relying on CBIC Circular No.221/15/2024-GST dated 26.06.2024 clarifying that tax liability under HAM contracts arises at invoice issuance or payment receipt (whichever is earlier), the Division Bench set aside the Order-in-Appeal documents, directed authorities to collect tax per the circular, ordered refund of amounts recovered in accordance with law, and closed pending interlocutory applications without costs.
What did the court decide?
Orders-in-Appeal set aside; respondents directed to collect tax per CBIC circular; amounts recovered to be refunded to petitioner in accordance with law.