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    <title>2023 (6) TMI 148 - CESTAT KOLKATA</title>
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    <description>In a contract bottling valuation dispute, reimbursable expenses were treated as outside the taxable value for service tax, and the amount retained by the brand owner was also excluded under the applicable circular; the first demand was therefore set aside. For the later period, the extended limitation could not be invoked because the department had already raised the same issue in an earlier notice, so the subsequent show cause notice was time-barred and the demand was quashed. The result was that both service tax demands failed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=438574</link>
      <description>In a contract bottling valuation dispute, reimbursable expenses were treated as outside the taxable value for service tax, and the amount retained by the brand owner was also excluded under the applicable circular; the first demand was therefore set aside. For the later period, the extended limitation could not be invoked because the department had already raised the same issue in an earlier notice, so the subsequent show cause notice was time-barred and the demand was quashed. The result was that both service tax demands failed.</description>
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