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    <title>2026 (8) TMI 1750 - CESTAT ALLAHABAD</title>
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    <description>Erection services undertaken before 10.09.2004 were outside the service-tax levy, as taxability of erection service commenced with commissioning and installation service from that date; consideration for pre-taxability work was therefore exempt. For 2004-05 and 2005-06, where short-paid tax had already been discharged, a residual demand could not be sustained without established suppression of material facts. Information available from the assessee&#039;s own records did not support invocation of the extended limitation period. Consequently, no further service tax was recoverable on the impugned demand, and related interest and penalty did not survive.</description>
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      <title>2026 (8) TMI 1750 - CESTAT ALLAHABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=797876</link>
      <description>Erection services undertaken before 10.09.2004 were outside the service-tax levy, as taxability of erection service commenced with commissioning and installation service from that date; consideration for pre-taxability work was therefore exempt. For 2004-05 and 2005-06, where short-paid tax had already been discharged, a residual demand could not be sustained without established suppression of material facts. Information available from the assessee&#039;s own records did not support invocation of the extended limitation period. Consequently, no further service tax was recoverable on the impugned demand, and related interest and penalty did not survive.</description>
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