https://www.taxtmi.com/caselaws?id=765198 CESTAT Kolkata allowed the appeal, setting aside the service tax demand. The tribunal held that service tax cannot be levied on cost-sharing arrangements among group companies lacking service elements, following SC precedent in Gujarat State Fertilizers case. Demand based solely on differential values between Profit Loss Account and ST-3 returns was deemed unsustainable without specific liability findings. Recovery of ineligible CENVAT credit through extended limitation period failed due to absence of suppression, willful misstatement, or fraud allegations. The entire demand was time-barred and unsustainable. en-us Mon, 27 Jan 2025 00:00:00 +0530 Tue, 28 Jan 2025 08:24:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=765198 CESTAT Kolkata allowed the appeal, setting aside the service tax demand. The tribunal held that service tax cannot be levied on cost-sharing arrangements among group companies lacking service elements, following SC precedent in Gujarat State Fertilizers case. Demand based solely on differential values between Profit Loss Account and ST-3 returns was deemed unsustainable without specific liability findings. Recovery of ineligible CENVAT credit through extended limitation period failed due to absence of suppression, willful misstatement, or fraud allegations. The entire demand was time-barred and unsustainable. Case-Laws Service Tax Mon, 27 Jan 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=765198