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    <title>2025 (10) TMI 1271 - CESTAT KOLKATA</title>
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    <description>One-time lease premium received during mall development was treated as construction-linked consideration, not recurring rent, so service tax under renting of immovable property with abatement was not sustainable. Alleged short payment based on ST-3 mismatch failed because reconciliation and a Chartered Accountant&#039;s certificate showed the tax was discharged in a subsequent period. Extra development charges did not attract a separate full-rate demand where tax had already been paid under another correct taxable head. Reverse charge demands on director remuneration, GTA services and security services also failed: director payments were treated as salary, no consignment note established GTA service, and the security-service evidence was not rebutted. In the absence of fraud or suppression, the extended period of limitation could not be invoked.</description>
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    <pubDate>Tue, 28 Oct 2025 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=780474</link>
      <description>One-time lease premium received during mall development was treated as construction-linked consideration, not recurring rent, so service tax under renting of immovable property with abatement was not sustainable. Alleged short payment based on ST-3 mismatch failed because reconciliation and a Chartered Accountant&#039;s certificate showed the tax was discharged in a subsequent period. Extra development charges did not attract a separate full-rate demand where tax had already been paid under another correct taxable head. Reverse charge demands on director remuneration, GTA services and security services also failed: director payments were treated as salary, no consignment note established GTA service, and the security-service evidence was not rebutted. In the absence of fraud or suppression, the extended period of limitation could not be invoked.</description>
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