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    <title>2025 (4) TMI 1188 - CESTAT KOLKATA</title>
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    <description>A one-time premium or salami received on permanent transfer of leasehold rights was treated as consideration for transfer of interest, not rent for continued enjoyment of immovable property, so service tax under renting of immovable property did not apply. Receipts booked under Business Auxiliary Service were also not taxable because the relevant taxable clause was not specifically identified and no clear service nexus was established for the items cited. The demand was further held time-barred because suppression with intent to evade tax was not proved, so the extended limitation period could not be invoked. The service tax demand, interest, and penalty were therefore unsustainable.</description>
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    <pubDate>Thu, 14 Nov 2024 00:00:00 +0530</pubDate>
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      <title>2025 (4) TMI 1188 - CESTAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=769274</link>
      <description>A one-time premium or salami received on permanent transfer of leasehold rights was treated as consideration for transfer of interest, not rent for continued enjoyment of immovable property, so service tax under renting of immovable property did not apply. Receipts booked under Business Auxiliary Service were also not taxable because the relevant taxable clause was not specifically identified and no clear service nexus was established for the items cited. The demand was further held time-barred because suppression with intent to evade tax was not proved, so the extended limitation period could not be invoked. The service tax demand, interest, and penalty were therefore unsustainable.</description>
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      <pubDate>Thu, 14 Nov 2024 00:00:00 +0530</pubDate>
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