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

Service tax partly set aside; foreign forums non-taxable, inspection fees taxable; s.78 upheld, penalty waived under s.80

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Service Tax November 29, 2025 Case Laws AT
CESTAT partly allowed the appeal filed by M/s X against service tax demands under reverse charge. It held that foreign exchange payments towards membership renewals and participation in international forums (IPG/IPFN) and participation fees paid to an overseas body for the "Sword of Honour" contest, performed and consumed abroad, were not taxable services; demands on these components, both pre- and post-01.07.2012 (for IPG/IPFN), were set aside. However, payments to a foreign inspection agency for pre-shipment inspection and certification were held to be taxable as "technical inspection and certification service" on a reverse charge basis; demand and interest were confirmed. Extended period of limitation and penalty under s.78 were upheld in principle, but monetary penalty was fully waived under s.80, Finance Act, 1994.

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Acts Income Tax