Mandatory textile export qualifiers distinguish flame-retardant fabrics from other listed fabrics for automated identification under the textiles ince...
Personal liberty safeguards restrict arrest after court-directed GST appearance, requiring interim release where authorities overreach pending proceed...
Alternative statutory remedy and delay bar GST writ challenges despite pending rectification, while distinct subject matter permits parallel proceedin...
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The CESTAT held that the appellant's activity of purchasing cargo space (ocean and air) in bulk from shipping/airlines on a principal-to-principal basis and reselling such space to its customers does not fall within "Business Auxiliary Service" or "Business Support Service" under Section 65 of the Finance Act, 1994 for the pre-01.07.2012 period. The Tribunal found no element of promotion, marketing, or agency for the shipping/airlines; the margin earned was a trading surplus from purchase and sale of space, not consideration for a taxable service. As the transactions were conclusively principal-to-principal, the service tax demand, along with interest and penalties imposed in the impugned orders, was held to be unsustainable and was set aside.
The CESTAT held that the appellant's activity of purchasing cargo space (ocean and air) in bulk from shipping/airlines on a principal-to-principal basis and reselling such space to its customers does not fall within "Business Auxiliary Service" or "Business Support Service" under Section 65 of the Finance Act, 1994 for the pre-01.07.2012 period. The Tribunal found no element of promotion, marketing, or agency for the shipping/airlines; the margin earned was a trading surplus from purchase and sale of space, not consideration for a taxable service. As the transactions were conclusively principal-to-principal, the service tax demand, along with interest and penalties imposed in the impugned orders, was held to be unsustainable and was set aside.
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