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Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
The Tribunal held that the services rendered by the appellant to the Airports Authority of India (AAI) were composite services involving service elements as well as the element of sale of goods, classifiable as 'Works Contract Services' and not merely 'Management, Maintenance or Repair Services'. The appellant was entitled to avail the benefit of 67% abatement under the relevant notification. The demand of service tax on the service element was wrongly confirmed as the services provided to airports are exempted. The services provided to the Central Public Works Department (CPWD), a non-commercial government organization, were also held to be non-taxable. The show cause notice was held barred by limitation as there was no willful misstatement or suppression by the appellant. The Tribunal set aside the impugned order confirming the service tax demand.
The Tribunal held that the services rendered by the appellant to the Airports Authority of India (AAI) were composite services involving service elements as well as the element of sale of goods, classifiable as 'Works Contract Services' and not merely 'Management, Maintenance or Repair Services'. The appellant was entitled to avail the benefit of 67% abatement under the relevant notification. The demand of service tax on the service element was wrongly confirmed as the services provided to airports are exempted. The services provided to the Central Public Works Department (CPWD), a non-commercial government organization, were also held to be non-taxable. The show cause notice was held barred by limitation as there was no willful misstatement or suppression by the appellant. The Tribunal set aside the impugned order confirming the service tax demand.
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