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    <title>2017 (9) TMI 359 - CESTAT NEW DELHI</title>
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    <description>Roaming telecom services received by subscribers abroad were treated as falling squarely within the statutory definition of telecommunication service. The mere fact that the foreign provider was not a Telegraph Authority did not justify reclassifying the same activity under business auxiliary service on reverse charge basis. A service specifically and exhaustively covered by one taxable entry cannot be shifted to another entry through a broad or general description, and the Board&#039;s clarification dated 19.12.2011 supported that approach. On that reasoning, the demand under business auxiliary service was not sustainable and the tax liability was set aside in favour of the assessee.</description>
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    <pubDate>Wed, 26 Jul 2017 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=347602</link>
      <description>Roaming telecom services received by subscribers abroad were treated as falling squarely within the statutory definition of telecommunication service. The mere fact that the foreign provider was not a Telegraph Authority did not justify reclassifying the same activity under business auxiliary service on reverse charge basis. A service specifically and exhaustively covered by one taxable entry cannot be shifted to another entry through a broad or general description, and the Board&#039;s clarification dated 19.12.2011 supported that approach. On that reasoning, the demand under business auxiliary service was not sustainable and the tax liability was set aside in favour of the assessee.</description>
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      <pubDate>Wed, 26 Jul 2017 00:00:00 +0530</pubDate>
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