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    <title>2025 (11) TMI 1441 - CESTAT KOLKATA</title>
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    <description>CESTAT Kolkata allowed the appeal, holding that construction and flash butt welding services provided in connection with Railways qualified as &quot;original works&quot; and were exempt from service tax under both pre-negative and negative list regimes; related works contract demands were set aside. Commission received from a foreign entity for business auxiliary services was treated as export of service, not taxable in India. Amounts recovered towards staff deputation and equipment hire within a joint venture were held outside the ambit of service tax due to absence of a service-provider-client relationship. The extended period of limitation and penalties under s.78 were rejected. Refund of pre-deposit with interest was ordered.</description>
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    <pubDate>Fri, 21 Nov 2025 00:00:00 +0530</pubDate>
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      <title>2025 (11) TMI 1441 - CESTAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=781973</link>
      <description>CESTAT Kolkata allowed the appeal, holding that construction and flash butt welding services provided in connection with Railways qualified as &quot;original works&quot; and were exempt from service tax under both pre-negative and negative list regimes; related works contract demands were set aside. Commission received from a foreign entity for business auxiliary services was treated as export of service, not taxable in India. Amounts recovered towards staff deputation and equipment hire within a joint venture were held outside the ambit of service tax due to absence of a service-provider-client relationship. The extended period of limitation and penalties under s.78 were rejected. Refund of pre-deposit with interest was ordered.</description>
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      <pubDate>Fri, 21 Nov 2025 00:00:00 +0530</pubDate>
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