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    <title>2024 (5) TMI 868 - CESTAT BANGALORE</title>
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    <description>Service tax on Goods Transport Agency services was held unsustainable where transporter certificates showed tax had already been discharged and no Cenvat credit had been availed. The Tribunal treated that documentary evidence as sufficient to rebut the demand, and applied its consistent view that the department cannot recover the same tax again from another person when service tax has already been paid, as that would amount to double taxation. On those facts, the assessee was entitled to the benefit of Notification No. 32/2004-ST and obtained relief.</description>
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      <link>https://www.taxtmi.com/caselaws?id=752815</link>
      <description>Service tax on Goods Transport Agency services was held unsustainable where transporter certificates showed tax had already been discharged and no Cenvat credit had been availed. The Tribunal treated that documentary evidence as sufficient to rebut the demand, and applied its consistent view that the department cannot recover the same tax again from another person when service tax has already been paid, as that would amount to double taxation. On those facts, the assessee was entitled to the benefit of Notification No. 32/2004-ST and obtained relief.</description>
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