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    <title>2019 (3) TMI 448 - CESTAT ALLAHABAD</title>
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    <description>Service tax was not leviable on construction of a hospital building where the record showed charitable and public utility use rather than commercial or profit-making use. The Board&#039;s circular made taxability depend on whether the building was used or intended to be used for commerce, industry, or profit, and departmental officers were bound by that clarification. Because the revenue did not conduct a meaningful enquiry or produce evidence of commercial use, and the adjudicating authority did not address that burden, the demand was unsustainable.</description>
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    <pubDate>Wed, 06 Mar 2019 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=376427</link>
      <description>Service tax was not leviable on construction of a hospital building where the record showed charitable and public utility use rather than commercial or profit-making use. The Board&#039;s circular made taxability depend on whether the building was used or intended to be used for commerce, industry, or profit, and departmental officers were bound by that clarification. Because the revenue did not conduct a meaningful enquiry or produce evidence of commercial use, and the adjudicating authority did not address that burden, the demand was unsustainable.</description>
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      <pubDate>Wed, 06 Mar 2019 00:00:00 +0530</pubDate>
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