<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2024 (11) TMI 1046 - CESTAT KOLKATA</title>
    <link>https://www.taxtmi.com/caselaws?id=762060</link>
    <description>CESTAT Kolkata held that service tax demand under Scientific or Technical Consultancy Services on RCM basis was not sustainable. The tribunal ruled that foreign experts conducting site visits for coal mining asset acquisition viability assessment were not scientists, technocrats, or science/technology institutions as required under Section 65(92) of Finance Act 1994. Services related to mining activities fell under mining of mineral services category. For sampling charges, payments to third-party inspection agencies for iron ore quality inspection constituted Technical Inspection and Certification Service, not scientific consultancy. Since services were performed outside India on immovable property located abroad, no service tax liability arose under RCM basis. The tribunal set aside all demands including interest and penalties.</description>
    <language>en-us</language>
    <pubDate>Thu, 21 Nov 2024 00:00:00 +0530</pubDate>
    <lastBuildDate>Thu, 21 Nov 2024 16:45:11 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=778921" rel="self" type="application/rss+xml"/>
    <item>
      <title>2024 (11) TMI 1046 - CESTAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=762060</link>
      <description>CESTAT Kolkata held that service tax demand under Scientific or Technical Consultancy Services on RCM basis was not sustainable. The tribunal ruled that foreign experts conducting site visits for coal mining asset acquisition viability assessment were not scientists, technocrats, or science/technology institutions as required under Section 65(92) of Finance Act 1994. Services related to mining activities fell under mining of mineral services category. For sampling charges, payments to third-party inspection agencies for iron ore quality inspection constituted Technical Inspection and Certification Service, not scientific consultancy. Since services were performed outside India on immovable property located abroad, no service tax liability arose under RCM basis. The tribunal set aside all demands including interest and penalties.</description>
      <category>Case-Laws</category>
      <law>Service Tax</law>
      <pubDate>Thu, 21 Nov 2024 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=762060</guid>
    </item>
  </channel>
</rss>