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Issues: Whether tyre retreading undertaken under a maintenance or repair contract was taxable only from 16 June 2005, and whether the Revenue's appeal against the appellate order deserved to be entertained.
Analysis: The activity of tyre retreading was treated as a reconditioning activity intended to be brought within the service tax net only with effect from 16 June 2005. The decision proceeded on the basis that a later legislative entry does not, by itself, fasten tax on an activity for the period before the entry came into force. On the facts, the impugned period covered both pre- and post-16 June 2005, so service tax liability, if any, could arise only for the period after that date.
Conclusion: The Revenue's challenge was rejected, and the appellate order was maintained with the clarification that liability, if any, would be confined to tyre retreading done from 16 June 2005 onwards.