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    <title>2023 (3) TMI 66 - CESTAT NEW DELHI</title>
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    <description>Unparticularised reconciliation of commercial accounts could not sustain a service tax demand where the levy period required a different basis of taxation and no proper bifurcation of alleged short payment was shown; the demand was set aside. Receipts under the airport metro concession were treated as arising from a joint venture with community of interest, joint control and shared revenue, so they were not taxable as renting of immovable property service; the demand was set aside. Letter of credit charges paid to foreign banks were held taxable under reverse charge in principle, but the extended period and penalties were not sustained; only limited tax liability survived.</description>
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      <link>https://www.taxtmi.com/caselaws?id=434680</link>
      <description>Unparticularised reconciliation of commercial accounts could not sustain a service tax demand where the levy period required a different basis of taxation and no proper bifurcation of alleged short payment was shown; the demand was set aside. Receipts under the airport metro concession were treated as arising from a joint venture with community of interest, joint control and shared revenue, so they were not taxable as renting of immovable property service; the demand was set aside. Letter of credit charges paid to foreign banks were held taxable under reverse charge in principle, but the extended period and penalties were not sustained; only limited tax liability survived.</description>
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      <pubDate>Fri, 24 Feb 2023 00:00:00 +0530</pubDate>
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