CESTAT ruled demand of service tax on foreign currency payments not sustainable. Penalties on Shri K. Satishchandra set aside.

The Appellate Tribunal addressed issues u/s Classification and Taxability of Services, Penalties u/s Section 9AA, and Performance-Based Services. The Tribunal found that the demand of service tax on foreign currency payments was not sustainable as the specific category for tax liability was not classified. The payments for ship repairs and maintenance were for services availed outside India and not taxable in India. Performance-based services were not liable for service tax if performed outside India. Penalties imposed u/s Section 9AA were set aside due to lack of evidence establishing the director's responsibility. The demands were deemed unsustainable, thus no interest or penalty was warranted. Appeal allowed. .....

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