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    <title>2023 (7) TMI 1238 - CESTAT MUMBAI</title>
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    <description>CESTAT Mumbai allowed the appeals, setting aside service tax demands on charges collected for supply of set-top boxes (STBs) by a DTH operator. The Tribunal held that broadcasting of DTH signals is a distinct taxable service, but the supply of STBs constitutes a one-time provision of equipment and is not part of the broadcasting service. As effective control and right to use the STBs were transferred to subscribers, the transaction is a deemed sale under Article 366(29A), attracting VAT and not service tax. The activity did not fall within &quot;broadcasting&quot; or STGU services, and the impugned demands were held unsustainable.</description>
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      <link>https://www.taxtmi.com/caselaws?id=440965</link>
      <description>CESTAT Mumbai allowed the appeals, setting aside service tax demands on charges collected for supply of set-top boxes (STBs) by a DTH operator. The Tribunal held that broadcasting of DTH signals is a distinct taxable service, but the supply of STBs constitutes a one-time provision of equipment and is not part of the broadcasting service. As effective control and right to use the STBs were transferred to subscribers, the transaction is a deemed sale under Article 366(29A), attracting VAT and not service tax. The activity did not fall within &quot;broadcasting&quot; or STGU services, and the impugned demands were held unsustainable.</description>
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