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    <title>2023 (2) TMI 1175 - CESTAT MUMBAI</title>
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    <description>Service tax was demanded on advances received for construction and commissioning of railway sliding, signalling and telecom systems for coal-handling facilities at thermal power projects, denying exemption under Not. No. 25/2012-ST. The Tribunal held that &quot;railways&quot; in the exemption must be strictly construed as written; since neither the Finance Act, 1994 nor the notification defines &quot;railway,&quot; the tax authorities could not artificially distinguish &quot;private purpose&quot; railways from &quot;public service&quot; railways, nor import definitions from other statutes to restrict the exemption. Prior to 1 July 2012 the activity stood excluded from taxable service, and thereafter was specifically exempt (excluding only monorail/metro). The demand was unsustainable; the impugned order was set aside and the appeal allowed.</description>
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    <pubDate>Thu, 17 Feb 2022 00:00:00 +0530</pubDate>
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      <title>2023 (2) TMI 1175 - CESTAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=308950</link>
      <description>Service tax was demanded on advances received for construction and commissioning of railway sliding, signalling and telecom systems for coal-handling facilities at thermal power projects, denying exemption under Not. No. 25/2012-ST. The Tribunal held that &quot;railways&quot; in the exemption must be strictly construed as written; since neither the Finance Act, 1994 nor the notification defines &quot;railway,&quot; the tax authorities could not artificially distinguish &quot;private purpose&quot; railways from &quot;public service&quot; railways, nor import definitions from other statutes to restrict the exemption. Prior to 1 July 2012 the activity stood excluded from taxable service, and thereafter was specifically exempt (excluding only monorail/metro). The demand was unsustainable; the impugned order was set aside and the appeal allowed.</description>
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      <pubDate>Thu, 17 Feb 2022 00:00:00 +0530</pubDate>
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