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    <title>2006 (1) TMI 52 - CESTAT, NEW DELHI</title>
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    <description>Service tax could not be fastened on the Indian service recipient for payments made to foreign service providers for the period before 16.08.2002 because, under the pre-amendment Service Tax Rules, liability on behalf of a non-resident provider depended on explicit authorisation. The contractual terms contained no such express authorisation, and a general agreement could not be treated as a blanket consent to future tax liability. The later amendment widening recipient liability did not apply retrospectively. The demand for the pre-amendment period was therefore held unsustainable, and the order was set aside to that extent.</description>
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      <link>https://www.taxtmi.com/caselaws?id=4333</link>
      <description>Service tax could not be fastened on the Indian service recipient for payments made to foreign service providers for the period before 16.08.2002 because, under the pre-amendment Service Tax Rules, liability on behalf of a non-resident provider depended on explicit authorisation. The contractual terms contained no such express authorisation, and a general agreement could not be treated as a blanket consent to future tax liability. The later amendment widening recipient liability did not apply retrospectively. The demand for the pre-amendment period was therefore held unsustainable, and the order was set aside to that extent.</description>
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      <pubDate>Wed, 04 Jan 2006 00:00:00 +0530</pubDate>
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