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    <title>2018 (8) TMI 623 - CESTAT NEW DELHI</title>
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    <description>A genuine purchase-and-resale arrangement, where title passes to the buyer and VAT is paid on onward sales, was treated as sale activity rather than promotion of the principal&#039;s business, so commission or discount earned on resale was not taxable as Business Auxiliary Services. Threshold exemption under Notification No. 8/2008-ST was also available where turnover fell within the notified limit; denial based only on non-registration and non-filing of returns was not sustained. As the exemption applied, the penalty could not survive. The matter was remanded only for limited verification of turnover, while the tax demand and penalties were deleted.</description>
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      <link>https://www.taxtmi.com/caselaws?id=365151</link>
      <description>A genuine purchase-and-resale arrangement, where title passes to the buyer and VAT is paid on onward sales, was treated as sale activity rather than promotion of the principal&#039;s business, so commission or discount earned on resale was not taxable as Business Auxiliary Services. Threshold exemption under Notification No. 8/2008-ST was also available where turnover fell within the notified limit; denial based only on non-registration and non-filing of returns was not sustained. As the exemption applied, the penalty could not survive. The matter was remanded only for limited verification of turnover, while the tax demand and penalties were deleted.</description>
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