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    <title>2024 (6) TMI 1458 - CESTAT AHMEDABAD</title>
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    <description>An incorporated members&#039; club was held to remain outside the service tax net on club or association services for the post-01.07.2012 period because the principle of mutuality continued to apply. The Tribunal followed the Supreme Court&#039;s ruling and held that the post-2012 definition of service, including the deeming fiction for an unincorporated association or body of persons and its members as distinct persons, did not extend to incorporated clubs. As the tax paid was not legally due, the refund sanctioned by the original authority was upheld and the Revenue&#039;s challenge failed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=461785</link>
      <description>An incorporated members&#039; club was held to remain outside the service tax net on club or association services for the post-01.07.2012 period because the principle of mutuality continued to apply. The Tribunal followed the Supreme Court&#039;s ruling and held that the post-2012 definition of service, including the deeming fiction for an unincorporated association or body of persons and its members as distinct persons, did not extend to incorporated clubs. As the tax paid was not legally due, the refund sanctioned by the original authority was upheld and the Revenue&#039;s challenge failed.</description>
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