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    <title>Demand of Service Tax – Wrong classification by the department in the SCN – Big boon to the assessee</title>
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    <description>The departmental classification of vessel repair, chipping, cleaning and painting as port services was incorrect; these activities are properly treated as maintenance and repair services. A Board circular treating dry-dock ship repair as taxable port services may guide officers but does not bind the assessee where inconsistent with statutory definitions. Lack of positive suppression affects the applicability of extended limitation periods, and practitioners are advised to insist on a Show Cause Notice prior to voluntary payment.</description>
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      <description>The departmental classification of vessel repair, chipping, cleaning and painting as port services was incorrect; these activities are properly treated as maintenance and repair services. A Board circular treating dry-dock ship repair as taxable port services may guide officers but does not bind the assessee where inconsistent with statutory definitions. Lack of positive suppression affects the applicability of extended limitation periods, and practitioners are advised to insist on a Show Cause Notice prior to voluntary payment.</description>
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