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    <title>2023 (11) TMI 1168 - CESTAT NEW DELHI</title>
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    <description>The Tribunal set aside the order of the Additional Director, ruling in favor of the appellant. It determined that the services provided were correctly classified as works contract services, not as commercial/industrial construction services. Consequently, the demand for service tax was deemed unsustainable, as it was based on an incorrect classification by the Adjudicating Authority. The appeal was allowed, and the misclassification issue was resolved in accordance with the appellant&#039;s argument and the Supreme Court decision cited.</description>
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      <link>https://www.taxtmi.com/caselaws?id=446277</link>
      <description>The Tribunal set aside the order of the Additional Director, ruling in favor of the appellant. It determined that the services provided were correctly classified as works contract services, not as commercial/industrial construction services. Consequently, the demand for service tax was deemed unsustainable, as it was based on an incorrect classification by the Adjudicating Authority. The appeal was allowed, and the misclassification issue was resolved in accordance with the appellant&#039;s argument and the Supreme Court decision cited.</description>
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