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    <title>Appeal allowed: royalty and lease charges from terminal operators treated as rent/joint-venture receipts, not taxable port service</title>
    <link>https://www.taxtmi.com/highlights?id=91665</link>
    <description>CESTAT allowed the appeal and set aside the impugned order, holding that royalty/lease charges collected by a port authority from terminal operators (including BOT arrangements) constitute letting out of immovable property/joint-venture receipts rather than provision of a &quot;port service,&quot; and therefore do not attract service tax. The Tribunal relied on coordinate HC and SC precedents recognizing lease/rental character of such receipts and on Ministry/TRU clarifications which did not classify rental/lease charges as taxable &quot;port services.&quot; Consequently, no service tax liability arises on royalty/lease payments received by the port; the departmental demand was quashed and the appeal granted.</description>
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    <pubDate>Tue, 19 Aug 2025 18:12:14 +0530</pubDate>
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      <title>Appeal allowed: royalty and lease charges from terminal operators treated as rent/joint-venture receipts, not taxable port service</title>
      <link>https://www.taxtmi.com/highlights?id=91665</link>
      <description>CESTAT allowed the appeal and set aside the impugned order, holding that royalty/lease charges collected by a port authority from terminal operators (including BOT arrangements) constitute letting out of immovable property/joint-venture receipts rather than provision of a &quot;port service,&quot; and therefore do not attract service tax. The Tribunal relied on coordinate HC and SC precedents recognizing lease/rental character of such receipts and on Ministry/TRU clarifications which did not classify rental/lease charges as taxable &quot;port services.&quot; Consequently, no service tax liability arises on royalty/lease payments received by the port; the departmental demand was quashed and the appeal granted.</description>
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      <pubDate>Tue, 19 Aug 2025 18:12:14 +0530</pubDate>
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