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CESTAT allowed taxpayer's appeal, setting aside multiple service tax demands totaling approximately Rs. 1.24 crore. The Tribunal found no substantive evidence to support Revenue's allegations of clandestine service tax evasion. Key holdings included: (1) preferential location charges were part of integrated construction service, not separate taxable service; (2) club construction costs were pre-development expenses, not membership fees; (3) taxpayer's tax payments precluded additional demands under Point of Taxation Rules; (4) Revenue failed to establish burden of proving taxability through credible documentary evidence. The Tribunal emphasized procedural fairness and rejected unsubstantiated revenue claims, effectively vindicating the taxpayer's tax compliance.
CESTAT allowed taxpayer's appeal, setting aside multiple service tax demands totaling approximately Rs. 1.24 crore. The Tribunal found no substantive evidence to support Revenue's allegations of clandestine service tax evasion. Key holdings included: (1) preferential location charges were part of integrated construction service, not separate taxable service; (2) club construction costs were pre-development expenses, not membership fees; (3) taxpayer's tax payments precluded additional demands under Point of Taxation Rules; (4) Revenue failed to establish burden of proving taxability through credible documentary evidence. The Tribunal emphasized procedural fairness and rejected unsubstantiated revenue claims, effectively vindicating the taxpayer's tax compliance.
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