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    <title>2026 (7) TMI 91 - CESTAT KOLKATA</title>
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    <description>Advance paid for procurement of capital goods, followed by cancellation of the contract and refund by the foreign supplier, did not give rise to any surviving taxable service. On those facts, service tax was not payable under reverse charge mechanism because the payment was towards goods and not towards a service transaction. As the tax demand itself failed, the penalty also could not survive. The impugned order was set aside and the appeal was allowed with consequential relief.</description>
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      <description>Advance paid for procurement of capital goods, followed by cancellation of the contract and refund by the foreign supplier, did not give rise to any surviving taxable service. On those facts, service tax was not payable under reverse charge mechanism because the payment was towards goods and not towards a service transaction. As the tax demand itself failed, the penalty also could not survive. The impugned order was set aside and the appeal was allowed with consequential relief.</description>
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