Ambuj Hotels & Real Estates Pvt Ltd vs Directorate General Of Gst ... on 3 April, 2023
29. The limited question that arises for consideration is whether the
activity identified in the show cause notice qualifies to be a taxable
service for which the license fee is said to be the consideration. The
demand of tax in the show cause notice is on support services.
However, the consideration paid as license fee is not linked with such
18
ST/51712/2022
support. When the activity identified to be taxed in the show cause
notice is found to be non-taxable, the demand proposed in the show
cause notice cannot sustain as was held by the Madras High Court in
R. Ramadas vs. Joint Commissioner of Central Excise,
Puducherry5. In Commissioner of Central Excise, Nagpur vs.
M/s. Ballarpur Industries Ltd.6, the Supreme Court held that what
is not invoked in the show cause notice cannot be examined in
proceedings arising from the said notice. As noticed above, the
demand on "grant of license" was not invoked in the show cause
notice.