Petition dismissed; petitioner allowed to submit detailed disclosures and documents for re-consideration; notices for 2019-23 may be adjudicated on me...
Confiscation and duty recovery quashed where licensing records show export obligation discharged; customs lacks jurisdiction absent licence annulment ...
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The Appellant's appeals are allowed and the impugned order is set aside. CESTAT holds that the licence agreements between the State-owned entity's catering arm and third-party licensees constituted contracts to set up and operate food plazas-commercial operational arrangements governed by substance-over-form-rather than "renting of immovable property" services under the applicable levy provisions. The Tribunal finds the transactions to be revenue-sharing business arrangements for provision of public utility catering, not taxable service supplies; the amounts charged do not constitute the requisite quid pro quo for a taxable service. Consequently, the service tax demand (and related limitation plea) is unsustainable and is annulled.
The Appellant's appeals are allowed and the impugned order is set aside. CESTAT holds that the licence agreements between the State-owned entity's catering arm and third-party licensees constituted contracts to set up and operate food plazas-commercial operational arrangements governed by substance-over-form-rather than "renting of immovable property" services under the applicable levy provisions. The Tribunal finds the transactions to be revenue-sharing business arrangements for provision of public utility catering, not taxable service supplies; the amounts charged do not constitute the requisite quid pro quo for a taxable service. Consequently, the service tax demand (and related limitation plea) is unsustainable and is annulled.
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