Service Tax Not Applicable on Group Company Cost-Sharing Arrangements Without Service Element, CESTAT Rules in 2008 Agreement.

CESTAT ruled that service tax demand under Business Support Service category was unsustainable for cost-sharing arrangements among group companies, as no service element existed per the agreement dated 01-04-2008. The tribunal rejected service tax demand based on differential values between Profit & Loss Account and ST-3 returns, noting insufficient adjudication findings. The extended period limitation for CENVAT credit recovery was invalidated due to absence of suppression or willful misstatement allegations. Following SC precedent on cost-sharing arrangements, CESTAT held that mere expense distribution among group entities doesn't constitute taxable service. The impugned order was set aside and appeal allowed, establishing that cost-sharing without service component isn't subject to service tax levy. .....

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