https://www.taxtmi.com/caselaws?id=450781 CESTAT Mumbai held that motor vehicle operational lease services under Master Lease Agreements do not attract service tax liability. The tribunal ruled that such activities constitute deemed sale under Article 366(29A)(d) of the Constitution, citing BSNL v. Union of India SC precedent. The court distinguished between pre-negative list regime (prior to 01.07.2012) and post-negative list regime service tax provisions. Service tax demands and penalties under Sections 76, 77, and 78 of Finance Act 1994 were set aside as legally unsustainable. Appeal allowed. en-us Mon, 11 Mar 2024 00:00:00 +0530 Wed, 13 Mar 2024 08:41:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=450781 CESTAT Mumbai held that motor vehicle operational lease services under Master Lease Agreements do not attract service tax liability. The tribunal ruled that such activities constitute deemed sale under Article 366(29A)(d) of the Constitution, citing BSNL v. Union of India SC precedent. The court distinguished between pre-negative list regime (prior to 01.07.2012) and post-negative list regime service tax provisions. Service tax demands and penalties under Sections 76, 77, and 78 of Finance Act 1994 were set aside as legally unsustainable. Appeal allowed. Case-Laws Service Tax Mon, 11 Mar 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=450781