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2020 (2) TMI 187

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....anan, Advocate for the Appellant Shri S.N. Gohil, Superintendent (AR) for the Respondent ORDER RAMESH NAIR : The brief facts of the case are that the appellant are providing Online Information and Data Base Access service. In order to provide these services, they are giving Modem to the subscriber on rental basis. Though the appellant is paying service tax on Online Information Data Ba....

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....le Supreme Court in the case of Imagic Creative Pvt. Limited vs. Commissioner of Commercial Taxes - 2008 (9) STR 337 (SC). He submits that in the said judgment, it was held that payment of service tax and VAT are mutually exclusive. Therefore, the transaction which is liable to Sales Tax, Service Tax cannot be demanded in such case. 3. Shri S.N. Gohil, Learned Superintendent (AR) appearing on b....