CESTAT allowed the appeal filed by M/s X against the impugned...

CESTAT allowed the appeal filed by M/s X against the impugned service tax demand. It held that "flash butt welding" and works contract services executed in relation to Indian Railways qualify as "original works" connected with Railways and are exempt from service tax in both pre-negative and negative list regimes; corresponding demands were set aside. Commission received from an overseas entity for Business Auxiliary Services was held to qualify as "export of service," nullifying that demand. Amounts relating to staff deputation and equipment hire within a joint venture were held outside the ambit of "service," as no contractor-contractee relationship or quid pro quo existed. Invocation of the extended limitation period and penalty under s.78 Finance Act were rejected. Refund of Rs. 44,66,029/- with interest was ordered.

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