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    Service Tax Appeal Succeeds: Discounts Verified, Credit Reversal Upheld, Penalties Dismissed Under Rule 6(3)(i)
    Extended Service Tax Demand Partially Upheld: Limitation Period Clarified, Penalties Waived Under Section 80
    Service Providers Win: Reimbursable Expenses Exempt from Taxation for Pre-2015 Periods Under Rule 5(1)
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CESTAT partially allowed the appeal, finding that the services...

Complex Building Services Qualify for Tax Abatement, Tribunal Limits Retrospective Demands Under Rule 2A(ii)(A)

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Service Tax May 28, 2025 Case Laws AT
CESTAT partially allowed the appeal, finding that the services constituted original works eligible for 60% abatement under Rule 2A(ii)(A). The tribunal set aside most service tax demands and penalties, permitting only proportionate CENVAT credit reversal under Rule 6(3) for the normal limitation period. The court determined the appellant's work involved comprehensive building transformation, not merely finishing services, and rejected extended limitation period claims. The matter was remanded to the Commissioner to calculate CENVAT credit reversal for the standard limitation timeframe, effectively nullifying potential additional tax liability due to GST regime transition.

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Acts Income Tax