Contractual tolerance requires consideration; breach recoveries, qualifying public infrastructure services and road works escape service tax liability...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Agency in CNG distribution makes outlet operators commission agents, rendering taxable Business Auxiliary Service rather than purchasing goods for res...
Works contract classification governs composite layout-development contracts where VAT-paid goods are transferred alongside construction and infrastru...
Despatch money received under FOB export contracts for completing cargo loading before stipulated laytime was treated as a contractual incentive or commercial adjustment, not consideration for port services. Taxable value requires a direct nexus between an amount and a service rendered to another person. As loading was incidental to the export sale contract and there was no separate quick-loading service agreement or privity with the vessel owner, the despatch amount was not liable to service tax. The related service-tax demands were set aside, and consequential interest and penalties could not survive.
Despatch money received under FOB export contracts for completing cargo loading before stipulated laytime was treated as a contractual incentive or commercial adjustment, not consideration for port services. Taxable value requires a direct nexus between an amount and a service rendered to another person. As loading was incidental to the export sale contract and there was no separate quick-loading service agreement or privity with the vessel owner, the despatch amount was not liable to service tax. The related service-tax demands were set aside, and consequential interest and penalties could not survive.
Note: It is a system-generated summary and is for quick reference only.
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