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    <title>2016 (4) TMI 780 - CESTAT NEW DELHI</title>
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    <description>Penalty under section 78 was unwarranted because the short payment arose from genuine valuation uncertainty during the relevant period, and the tax with interest had already been paid on the basic fare and related components; the penalty was therefore set aside. Passenger service fee collected by the airline on behalf of the airport authority and remitted to that authority was not part of the airline&#039;s taxable value, as such amounts do not form part of the gross amount charged for the service and Rule 5(1) of the valuation rules could not be sustained after being held ultra vires; the demand on that component was set aside.</description>
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    <pubDate>Thu, 31 Mar 2016 00:00:00 +0530</pubDate>
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      <title>2016 (4) TMI 780 - CESTAT NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=326666</link>
      <description>Penalty under section 78 was unwarranted because the short payment arose from genuine valuation uncertainty during the relevant period, and the tax with interest had already been paid on the basic fare and related components; the penalty was therefore set aside. Passenger service fee collected by the airline on behalf of the airport authority and remitted to that authority was not part of the airline&#039;s taxable value, as such amounts do not form part of the gross amount charged for the service and Rule 5(1) of the valuation rules could not be sustained after being held ultra vires; the demand on that component was set aside.</description>
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      <pubDate>Thu, 31 Mar 2016 00:00:00 +0530</pubDate>
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