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    <title>2026 (1) TMI 1523 - CESTAT NEW DELHI</title>
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    <description>Classification of services focuses on whether procedures are healthcare services or cosmetic and plastic surgery; the adjudicator failed to analyse each procedure and the matter is remanded for detailed, service-by-service findings, with the impugned order set aside and duty liability recalculated. The tribunal held the provider qualifies as a clinical establishment and treatments are by authorised medical practitioners, but some procedures may qualify as healthcare only when aimed at restoration or reconstruction. Best judgement assessment was justified due to refusal by a software owner to supply data, so the assessment under that method stands. Denial of cum-tax benefit was rejected because returns and audited accounts were filed and the issue is one of interpretation, precluding invocation of the extended limitation period.</description>
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      <description>Classification of services focuses on whether procedures are healthcare services or cosmetic and plastic surgery; the adjudicator failed to analyse each procedure and the matter is remanded for detailed, service-by-service findings, with the impugned order set aside and duty liability recalculated. The tribunal held the provider qualifies as a clinical establishment and treatments are by authorised medical practitioners, but some procedures may qualify as healthcare only when aimed at restoration or reconstruction. Best judgement assessment was justified due to refusal by a software owner to supply data, so the assessment under that method stands. Denial of cum-tax benefit was rejected because returns and audited accounts were filed and the issue is one of interpretation, precluding invocation of the extended limitation period.</description>
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