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    <title>2013 (11) TMI 295 - CESTAT MUMBAI</title>
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    <description>Notification No. 39/97-ST was held unavailable where the assessee operated only cabs and no tourist bus, because the exemption applied to tour operator service and the activity was treated as rent-a-cab service. On that basis, the service tax demand was sustained. Penalties, however, were set aside because the assessee was registered, had paid tax under the declared category, and had filed statutory returns, so the circumstances did not justify penal action.</description>
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      <link>https://www.taxtmi.com/caselaws?id=239118</link>
      <description>Notification No. 39/97-ST was held unavailable where the assessee operated only cabs and no tourist bus, because the exemption applied to tour operator service and the activity was treated as rent-a-cab service. On that basis, the service tax demand was sustained. Penalties, however, were set aside because the assessee was registered, had paid tax under the declared category, and had filed statutory returns, so the circumstances did not justify penal action.</description>
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      <pubDate>Wed, 04 Sep 2013 00:00:00 +0530</pubDate>
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