Scope of intermediary status for data hosting services: tribunal finds provider not intermediary, services exported and not taxable, limited remand on...
CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
Straight-line lease rental accounting change results in penalty quashed where disclosed accounts and bona fide arguable accounting interpretation exis...
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Freight margin and forex conversion gains were not taxable as service consideration, as the Tribunal followed its earlier decisions in the assessee's own case and set aside the related demands. Services rendered to the SEZ unit for authorised operations were exempt, so the SEZ-linked service tax demand was deleted. Reimbursable expenses could not be included in taxable value under Rule 5 of the Service Tax (Determination of Value) Rules, 2006, and the extended period was unavailable because tax had been regularly paid and returns filed; the related GTA, CHA and C&F demands failed. Business Auxiliary Service was not made out on the facts, as the activity was on a principal-to-principal basis, and that demand was set aside. The alleged excess collection reflected in trial balance entries was remanded for verification.
Freight margin and forex conversion gains were not taxable as service consideration, as the Tribunal followed its earlier decisions in the assessee's own case and set aside the related demands. Services rendered to the SEZ unit for authorised operations were exempt, so the SEZ-linked service tax demand was deleted. Reimbursable expenses could not be included in taxable value under Rule 5 of the Service Tax (Determination of Value) Rules, 2006, and the extended period was unavailable because tax had been regularly paid and returns filed; the related GTA, CHA and C&F demands failed. Business Auxiliary Service was not made out on the facts, as the activity was on a principal-to-principal basis, and that demand was set aside. The alleged excess collection reflected in trial balance entries was remanded for verification.
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