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CESTAT allowed the appeal against service tax demand, setting aside the original order. The demand was found unsustainable as proper determination of taxable value under Section 67 of Finance Act, 1994 was absent. The adjudicating authority failed to consider crucial elements including the nature of services rendered, specific activities under negative list (Section 66D), exemptions under mega notification, and applicable abatements under Service Tax (Determination of Value) Rules, 2006. The tribunal held that merely relying on profit and loss accounts and Form 26AS data without analyzing the actual taxable value and service nature violated principles of natural justice. A comprehensive reassessment considering all relevant service tax provisions was directed.
CESTAT allowed the appeal against service tax demand, setting aside the original order. The demand was found unsustainable as proper determination of taxable value under Section 67 of Finance Act, 1994 was absent. The adjudicating authority failed to consider crucial elements including the nature of services rendered, specific activities under negative list (Section 66D), exemptions under mega notification, and applicable abatements under Service Tax (Determination of Value) Rules, 2006. The tribunal held that merely relying on profit and loss accounts and Form 26AS data without analyzing the actual taxable value and service nature violated principles of natural justice. A comprehensive reassessment considering all relevant service tax provisions was directed.
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