Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
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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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