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    <title>2023 (1) TMI 935 - CESTAT NEW DELHI</title>
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    <description>The extended period of limitation was not invokable because the assessee maintained regular records, had earlier audits, and the notice arose from a later change of opinion rather than suppression or wilful misstatement. CENVAT credit was allowed on invoices addressed to the Bangalore office and the director&#039;s name, as the services were actually received and paid for by the assessee and were supported by business exigency. Demand on imported software, server space and web-hosting was largely set aside because downloaded software was not taxable as goods, overseas hosting was not taxable in India, and the remaining transactions were revenue neutral; one quantified issue was remanded for verification and re-quantification. Consequential penalties were set aside, and only the late-filing penalty was reduced.</description>
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      <link>https://www.taxtmi.com/caselaws?id=433188</link>
      <description>The extended period of limitation was not invokable because the assessee maintained regular records, had earlier audits, and the notice arose from a later change of opinion rather than suppression or wilful misstatement. CENVAT credit was allowed on invoices addressed to the Bangalore office and the director&#039;s name, as the services were actually received and paid for by the assessee and were supported by business exigency. Demand on imported software, server space and web-hosting was largely set aside because downloaded software was not taxable as goods, overseas hosting was not taxable in India, and the remaining transactions were revenue neutral; one quantified issue was remanded for verification and re-quantification. Consequential penalties were set aside, and only the late-filing penalty was reduced.</description>
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