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    <title>2010 (4) TMI 122 - CESTAT, NEW DELHI</title>
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    <description>Periodic testing and inspection of gas cylinders carried out under the Gas Cylinder Rules, 2004 and the Explosives Act was treated as a statutory compliance activity rather than commercial maintenance or repair. The record, as described, showed only periodic testing, inspection and upkeep performed for an oil corporation under a work order, and no material was produced to establish taxable repair or maintenance in a commercial sense. On that basis, the revenue was said to have failed to justify levy under maintenance and repair service, and the activity was concluded to be outside service tax; small scale exemption was also extended subject to verification.</description>
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      <link>https://www.taxtmi.com/caselaws?id=75954</link>
      <description>Periodic testing and inspection of gas cylinders carried out under the Gas Cylinder Rules, 2004 and the Explosives Act was treated as a statutory compliance activity rather than commercial maintenance or repair. The record, as described, showed only periodic testing, inspection and upkeep performed for an oil corporation under a work order, and no material was produced to establish taxable repair or maintenance in a commercial sense. On that basis, the revenue was said to have failed to justify levy under maintenance and repair service, and the activity was concluded to be outside service tax; small scale exemption was also extended subject to verification.</description>
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      <pubDate>Mon, 26 Apr 2010 00:00:00 +0530</pubDate>
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