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    <title>2026 (7) TMI 1353 - CESTAT NEW DELHI</title>
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    <description>Cleaning services supplied to a municipal authority and medical college were treated as exempt where cleaning was the essential contractual activity and the provider retained supervision and control over personnel, rather than supplying manpower. Amounts collected as service tax despite the exemption remained payable to the Government under Section 73A, but liability was confined to the amounts actually collected in that capacity. Penalties on authorised persons were maintained because collecting and retaining amounts represented as service tax despite no underlying liability was treated as evidencing intent to obtain unjust enrichment. The stated principle is that exemption from service tax does not permit retention of amounts collected as service tax.</description>
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      <link>https://www.taxtmi.com/caselaws?id=795467</link>
      <description>Cleaning services supplied to a municipal authority and medical college were treated as exempt where cleaning was the essential contractual activity and the provider retained supervision and control over personnel, rather than supplying manpower. Amounts collected as service tax despite the exemption remained payable to the Government under Section 73A, but liability was confined to the amounts actually collected in that capacity. Penalties on authorised persons were maintained because collecting and retaining amounts represented as service tax despite no underlying liability was treated as evidencing intent to obtain unjust enrichment. The stated principle is that exemption from service tax does not permit retention of amounts collected as service tax.</description>
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