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    <title>2008 (1) TMI 925 - CESTAT CHENNAI</title>
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    <description>Service tax on tyre retreading and repair was examined in relation to the value of tread rubber and other consumables used in the activity. The analysis notes that the assessee had discharged tax on the service element and claimed exclusion of the material component under Notification No. 12/2003-ST, which applies where the value of goods and materials is separately shown in invoices and no CENVAT credit is taken. On the facts recorded, those conditions were substantially satisfied, and the material component was treated as prima facie not chargeable to service tax. Waiver of pre-deposit and stay of recovery were therefore granted for service tax, interest, and penalty.</description>
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    <pubDate>Wed, 02 Jan 2008 00:00:00 +0530</pubDate>
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      <title>2008 (1) TMI 925 - CESTAT CHENNAI</title>
      <link>https://www.taxtmi.com/caselaws?id=184603</link>
      <description>Service tax on tyre retreading and repair was examined in relation to the value of tread rubber and other consumables used in the activity. The analysis notes that the assessee had discharged tax on the service element and claimed exclusion of the material component under Notification No. 12/2003-ST, which applies where the value of goods and materials is separately shown in invoices and no CENVAT credit is taken. On the facts recorded, those conditions were substantially satisfied, and the material component was treated as prima facie not chargeable to service tax. Waiver of pre-deposit and stay of recovery were therefore granted for service tax, interest, and penalty.</description>
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