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Issues: Whether the respondent's activity of booking tickets for its customer amounted to taxable "Tour Operator" service and attracted service tax for the period in dispute.
Analysis: The record showed that the respondent was engaged only in booking tickets for a principal and had not conducted any tours for the passengers of the customer. The law relied upon in the proceedings did not bring such booking consideration within the tax net for the relevant period, and no evidence established the ingredients necessary to treat the respondent as a tour operator. In the absence of proof of actual tour operation, the demand could not be sustained under the guise of tour operator service.
Conclusion: The respondent was not liable to be treated as a tour operator on these facts, and the Revenue's appeal failed.