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    <title>2025 (12) TMI 1074 - CESTAT CHENNAI</title>
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    <description>Procurement of export orders in India for an overseas principal was treated as export of service, not taxable under Business Auxiliary Service, because the appellant had no authority to conclude contracts, the foreign principal supplied goods directly, and commission was paid only on realisation. Applying Rule 3(1)(iii) read with Rule 3(2) of the Export of Service Rules, 2005, and following coordinate bench decisions on similar facts, the service was regarded as rendered for and consumed by the foreign principal outside India. The service tax demand, with interest and penalties, was therefore unsustainable.</description>
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      <title>2025 (12) TMI 1074 - CESTAT CHENNAI</title>
      <link>https://www.taxtmi.com/caselaws?id=783534</link>
      <description>Procurement of export orders in India for an overseas principal was treated as export of service, not taxable under Business Auxiliary Service, because the appellant had no authority to conclude contracts, the foreign principal supplied goods directly, and commission was paid only on realisation. Applying Rule 3(1)(iii) read with Rule 3(2) of the Export of Service Rules, 2005, and following coordinate bench decisions on similar facts, the service was regarded as rendered for and consumed by the foreign principal outside India. The service tax demand, with interest and penalties, was therefore unsustainable.</description>
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