Faceless assessment notice must cover specific prejudicial variations; unexplained final additions without notice breach section 144B and natural just...
Outbound tour services conducted wholly outside India were held not liable to service tax under the tour operator service levy because Chapter V of the Finance Act operated only within its territorial scope. On a harmonious reading of sections 64, 65 and 66, journeys that began and ended outside India, and were consumed abroad, fell outside the taxable service definition. The 2004 budget instructions were treated as enlarging the modes of transport for package tours, not as extending the levy to tours performed wholly abroad. The tax demand was set aside, and the related interest and penalties failed as consequential.
Outbound tour services conducted wholly outside India were held not liable to service tax under the tour operator service levy because Chapter V of the Finance Act operated only within its territorial scope. On a harmonious reading of sections 64, 65 and 66, journeys that began and ended outside India, and were consumed abroad, fell outside the taxable service definition. The 2004 budget instructions were treated as enlarging the modes of transport for package tours, not as extending the levy to tours performed wholly abroad. The tax demand was set aside, and the related interest and penalties failed as consequential.
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