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    <title>2026 (6) TMI 638 - CESTAT CHENNAI</title>
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    <description>Mark-up collected on ocean freight, being the difference between freight charged from customers and freight paid to shipping lines, was analysed under the Finance Act, 1994 and the relevant exemption notification. The Tribunal noted that an identical earlier period dispute had already been decided in the assessee&#039;s favour, and that the earlier ruling and other coordinate bench decisions had not been stayed, reversed, or modified. Applying judicial discipline, comity, propriety, and consistency, it followed the earlier view that the profit element in freight markup had no nexus with steamer agent service and could not be included for service tax. The demand was therefore unsustainable, and the related interest and penalties did not survive.</description>
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      <title>2026 (6) TMI 638 - CESTAT CHENNAI</title>
      <link>https://www.taxtmi.com/caselaws?id=793257</link>
      <description>Mark-up collected on ocean freight, being the difference between freight charged from customers and freight paid to shipping lines, was analysed under the Finance Act, 1994 and the relevant exemption notification. The Tribunal noted that an identical earlier period dispute had already been decided in the assessee&#039;s favour, and that the earlier ruling and other coordinate bench decisions had not been stayed, reversed, or modified. Applying judicial discipline, comity, propriety, and consistency, it followed the earlier view that the profit element in freight markup had no nexus with steamer agent service and could not be included for service tax. The demand was therefore unsustainable, and the related interest and penalties did not survive.</description>
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