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    <title>2024 (9) TMI 1953 - CESTAT KOLKATA</title>
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    <description>Service tax requires consideration for an identifiable service. Minimum demand charges payable when customers failed to lift contracted gas quantities were penal in nature and did not compensate for pipeline transportation; they were therefore not taxable. Marketing margin formed part of the gas sale value, had suffered VAT, and did not represent consideration for an independent service to buyers because pre-sale activities were undertaken on the seller&#039;s own account and ownership passed at the agreed delivery point. Accordingly, service-tax demands on both minimum demand charges and marketing margin were unsustainable.</description>
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      <link>https://www.taxtmi.com/caselaws?id=470156</link>
      <description>Service tax requires consideration for an identifiable service. Minimum demand charges payable when customers failed to lift contracted gas quantities were penal in nature and did not compensate for pipeline transportation; they were therefore not taxable. Marketing margin formed part of the gas sale value, had suffered VAT, and did not represent consideration for an independent service to buyers because pre-sale activities were undertaken on the seller&#039;s own account and ownership passed at the agreed delivery point. Accordingly, service-tax demands on both minimum demand charges and marketing margin were unsustainable.</description>
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