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    <title>Service tax demand quashed on railway original works, export commission, JV dealings; refund with interest; extended limitation, s.78 dropped</title>
    <link>https://www.taxtmi.com/highlights?id=94434</link>
    <description>CESTAT allowed the appeal filed by M/s X against the impugned service tax demand. It held that &quot;flash butt welding&quot; and works contract services executed in relation to Indian Railways qualify as &quot;original works&quot; connected with Railways and are exempt from service tax in both pre-negative and negative list regimes; corresponding demands were set aside. Commission received from an overseas entity for Business Auxiliary Services was held to qualify as &quot;export of service,&quot; nullifying that demand. Amounts relating to staff deputation and equipment hire within a joint venture were held outside the ambit of &quot;service,&quot; as no contractor-contractee relationship or quid pro quo existed. Invocation of the extended limitation period and penalty under s.78 Finance Act were rejected. Refund of Rs. 44,66,029/- with interest was ordered.</description>
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    <pubDate>Mon, 24 Nov 2025 08:57:51 +0530</pubDate>
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      <title>Service tax demand quashed on railway original works, export commission, JV dealings; refund with interest; extended limitation, s.78 dropped</title>
      <link>https://www.taxtmi.com/highlights?id=94434</link>
      <description>CESTAT allowed the appeal filed by M/s X against the impugned service tax demand. It held that &quot;flash butt welding&quot; and works contract services executed in relation to Indian Railways qualify as &quot;original works&quot; connected with Railways and are exempt from service tax in both pre-negative and negative list regimes; corresponding demands were set aside. Commission received from an overseas entity for Business Auxiliary Services was held to qualify as &quot;export of service,&quot; nullifying that demand. Amounts relating to staff deputation and equipment hire within a joint venture were held outside the ambit of &quot;service,&quot; as no contractor-contractee relationship or quid pro quo existed. Invocation of the extended limitation period and penalty under s.78 Finance Act were rejected. Refund of Rs. 44,66,029/- with interest was ordered.</description>
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      <pubDate>Mon, 24 Nov 2025 08:57:51 +0530</pubDate>
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