Request-driven road restoration attracts reverse-charge GST, not governmental-function treatment or compensatory-damages status for business recipient...
Road restoration charges for commercial pipeline works are taxable Government services, with reverse charge liability and no public-function exemption...
Model-wise import cap monitoring cannot justify withholding used multifunction machines where all-India tracking is absent and full security is furnis...
CESTAT held that the appellant's in-plant handling and movement of steel materials, including cutting, bending, bundling, de-coiling and internal transportation within the steel plant, did not constitute "Cargo Handling Service"; corresponding service tax demand was set aside. However, contracts found to be in the nature of "Management, Maintenance or Repair Service" and "Commercial or Industrial Construction Service" (without material component or eligibility to abatement) were correctly classified and the related demands upheld. Demands under "Manpower Recruitment or Supply Agency Service" were quashed where services were rendered prior to 16.06.2005, notwithstanding later billing and payment. On limitation, CESTAT held that PSU status does not bar invocation of the extended period where suppression or deliberate withholding exists. The appeal was thus partly allowed.
CESTAT held that the appellant's in-plant handling and movement of steel materials, including cutting, bending, bundling, de-coiling and internal transportation within the steel plant, did not constitute "Cargo Handling Service"; corresponding service tax demand was set aside. However, contracts found to be in the nature of "Management, Maintenance or Repair Service" and "Commercial or Industrial Construction Service" (without material component or eligibility to abatement) were correctly classified and the related demands upheld. Demands under "Manpower Recruitment or Supply Agency Service" were quashed where services were rendered prior to 16.06.2005, notwithstanding later billing and payment. On limitation, CESTAT held that PSU status does not bar invocation of the extended period where suppression or deliberate withholding exists. The appeal was thus partly allowed.
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