Ask Jurishour AI

Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors
tdb_templates
saswp_reviews
saswp-collections
saswp_rvs_location
tdc-review-email
web-story-font
web-story
googlesitekit_email
tds_locker
tds_email
saswp
mailpoet_page
mailpoet_email
tdcpt_tunes
tdc-review
pronamic_payment
pronamic_gateway
pronamic_pay_subscr
wpcode
HomeIndirect TaxesNo Service Tax on Railway Projects, Private and Public Railways Entitled to...

No Service Tax on Railway Projects, Private and Public Railways Entitled to Same Exemption: CESTAT

Published on

🚀 Stay Connected With JurisHour

WhatsApp X Telegram

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Chandigarh Bench, has ruled that service tax cannot be levied on railway construction projects merely because the railway infrastructure is meant for private or captive use, reiterating that the exemption under Notification No. 25/2012-ST extends to all railway projects without distinguishing between public and private railways. 

The Bench of Justice S.S. Garg (Judicial Member) and P. Anjani Kumar (Technical Member) set aside the orders of the lower authorities that had confirmed a service tax demand of ₹41.08 lakh, along with interest and penalties. 

The appellant/assessee, a public sector engineering consultancy company, was engaged in providing consulting engineering and sponsorship services. The dispute arose after the Directorate General of Central Excise Intelligence (DGCEI) issued a show cause notice alleging that services relating to railway infrastructure executed by a contractor for Damodar Valley Corporation (DVC) were taxable.

Buy Now: Service Tax Judgement E-Compilation : June 2026

The Department alleged that RITES, acting as project management consultant for DVC, was liable to pay service tax under the reverse charge mechanism on the services received from the contractor. Consequently, the adjudicating authority confirmed a demand of ₹41,08,925, together with applicable interest and penalties under the Finance Act, 1994. The Commissioner (Appeals) subsequently upheld the order, prompting RITES to approach the Tribunal. 

Before the Tribunal, RITES contended that it merely acted as the agent and power-of-attorney holder of Damodar Valley Corporation and was not the recipient of the services in its independent capacity.

The company further argued that the railway construction work executed by the contractor was squarely covered under Entry 14(a) of Mega Exemption Notification No. 25/2012-Service Tax dated 20 June 2012, which exempts services relating to the construction, erection, commissioning or installation of original works pertaining to railways.

RITES also relied heavily on an earlier CESTAT ruling delivered in its own case in 2025, wherein the Tribunal had already held that no distinction exists between private railways and public railways for the purpose of claiming the service tax exemption. The appellant additionally cited several judicial precedents, including the decisions in Konkan Railway Corporation Ltd., Delhi Metro Rail Corporation, and Nabha Power Ltd., supporting a broad interpretation of the term “railways.” 

The Tribunal observed that the central issue in the appeal was whether service tax could be levied on railway projects executed for private or captive use.

It noted that the controversy was no longer open to debate because the issue had already been conclusively decided in RITES’ own earlier case.

The Bench reiterated that Notification No. 25/2012-ST does not define the expression “railways”, nor does the Finance Act, 1994 restrict the exemption only to railways meant for public transportation. Therefore, tax authorities cannot import definitions from the Railways Act, 1989 to artificially limit the scope of the exemption. 

The Tribunal also referred to the Mumbai Bench decision in Konkan Railway Corporation Ltd., which had been affirmed by the Supreme Court, holding that the exemption is available to all railways except mono rail and metro rail as specifically provided under the notification, irrespective of whether the railway serves public or private purposes. 

The Bench further observed that even assuming the distinction between public and private railways were relevant, the railway siding in the present case had been constructed for Damodar Valley Corporation, a public sector undertaking.

It held that use by a public sector corporation constitutes public use, and therefore the Department’s attempt to deny the exemption on the basis of alleged private use had no legal merit. 

Following its earlier precedent, the Tribunal concluded that the impugned appellate order could not be sustained in law.

Accordingly, CESTAT set aside the service tax demand, interest and penalties, allowed the appeal filed by RITES Ltd., and granted all consequential reliefs available under law. 

Membership Required to Access Case Details & Order Copy

To view the complete Case Details and Download Order Copy, you must have an active membership. Please subscribe to continue.

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

Read More: CESTAT Quashes Rs. 3.95 Crore Service Tax Demand on Mining Royalty

Mariya Paliwala
Mariya Paliwalahttps://www.jurishour.in/
Mariya is the Senior Editor at Juris Hour. She has 7+ years of experience on covering tax litigation stories from the Supreme Court, High Courts and various tribunals including CESTAT, ITAT, NCLAT, NCLT, etc. Mariya graduated from MLSU Law College, Udaipur (Raj.) with B.A.LL.B. and also holds an LL.M. She started her career as a freelance tax reporter in the leading online legal news companies.

Latest articles

Scotch Whisky Duty Dispute: Companies Seek 75% Import Duty as India Examines Bulk Whisky Imports

India’s reduced tariff on Scotch whisky under the India–UK trade agreement has triggered a...

Trump Signs Executive Order to Reduce Mortgage Costs, Expand Housing Affordability in US

US President Donald Trump has signed an executive order directing federal agencies to take...

China Tightens Tax Enforcement on Offshore Trusts, Wealthy Individuals Face Scrutiny Over Overseas Assets

China is stepping up tax enforcement against wealthy individuals holding assets overseas, including investments...

Delhi High Court Rejects AISA President Neha Bora’s Plea Against Peace Bond Notice Over CEC Protest

The Delhi High Court has dismissed a petition filed by All India Students’ Association...

More like this

Scotch Whisky Duty Dispute: Companies Seek 75% Import Duty as India Examines Bulk Whisky Imports

India’s reduced tariff on Scotch whisky under the India–UK trade agreement has triggered a...

Trump Signs Executive Order to Reduce Mortgage Costs, Expand Housing Affordability in US

US President Donald Trump has signed an executive order directing federal agencies to take...

China Tightens Tax Enforcement on Offshore Trusts, Wealthy Individuals Face Scrutiny Over Overseas Assets

China is stepping up tax enforcement against wealthy individuals holding assets overseas, including investments...