SC exempts private airport developers from service tax on UDF
23 May 2023
2 Min Read
CW Team
In a significant ruling, the Supreme Court has provided relief to private airport developers by stating
that they are not obligated to pay service tax on the user development fee (UDF) charged to
passengers for the operation, maintenance, and development of Mumbai, Delhi, and Hyderabad
international airports.
The court's decision takes into account a 2006 tax circular that clarifies that amounts collected as
taxes, sovereign or statutory dues are exempted from service tax. A bench led by Justice S Ravindra
Bhatt, while dismissing appeals by the goods and services tax (GST) authorities, emphasised that the
UDF is a statutory levy, despite the absence of a requirement to impose the development fee or
deposit it in the government treasury.
Previously, the customs, excise, and service tax appellate tribunal (CESTAT) had allowed appeals,
stating that the development fee collected by the three airport operators was not subject to service
tax. The revenue department, which had imposed tax demands and penalties on the development
fee, approached the Supreme Court, arguing that the UDF constitutes an amount collected for
enhancing various airport services, such as passenger lounges and amenities.
Advocate Kishore Kunal hailed the court's decision as a resolution to a long-standing tax dispute.
While the ruling pertains to the service tax period, it is expected to have implications for the current
collection of GST on this fee as well. This verdict provides clarity and relief to private airport
developers and highlights the importance of the tax circular in exempting the UDF from service tax.
In a significant ruling, the Supreme Court has provided relief to private airport developers by stating
that they are not obligated to pay service tax on the user development fee (UDF) charged to
passengers for the operation, maintenance, and development of Mumbai, Delhi, and Hyderabad
international airports.
The court's decision takes into account a 2006 tax circular that clarifies that amounts collected as
taxes, sovereign or statutory dues are exempted from service tax. A bench led by Justice S Ravindra
Bhatt, while dismissing appeals by the goods and services tax (GST) authorities, emphasised that the
UDF is a statutory levy, despite the absence of a requirement to impose the development fee or
deposit it in the government treasury.
Previously, the customs, excise, and service tax appellate tribunal (CESTAT) had allowed appeals,
stating that the development fee collected by the three airport operators was not subject to service
tax. The revenue department, which had imposed tax demands and penalties on the development
fee, approached the Supreme Court, arguing that the UDF constitutes an amount collected for
enhancing various airport services, such as passenger lounges and amenities.
Advocate Kishore Kunal hailed the court's decision as a resolution to a long-standing tax dispute.
While the ruling pertains to the service tax period, it is expected to have implications for the current
collection of GST on this fee as well. This verdict provides clarity and relief to private airport
developers and highlights the importance of the tax circular in exempting the UDF from service tax.
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