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    <title>2019 (11) TMI 561 - CESTAT ALLAHABAD</title>
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    <description>Service tax liability could not be sustained where the department failed to establish that the activity was works contract service; the record showed repair and maintenance service, so the demand, interest and penalty were set aside, including the reverse charge basis. Adjustment of excess paid service tax in a later period was held permissible because disallowance would result in double payment for the same service; the related demand, interest and penalty were therefore unsustainable. The impugned order was modified and consequential relief followed.</description>
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    <pubDate>Thu, 18 Apr 2019 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=388312</link>
      <description>Service tax liability could not be sustained where the department failed to establish that the activity was works contract service; the record showed repair and maintenance service, so the demand, interest and penalty were set aside, including the reverse charge basis. Adjustment of excess paid service tax in a later period was held permissible because disallowance would result in double payment for the same service; the related demand, interest and penalty were therefore unsustainable. The impugned order was modified and consequential relief followed.</description>
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      <pubDate>Thu, 18 Apr 2019 00:00:00 +0530</pubDate>
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