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Service Tax - Highlights / Catch Notes

Home Highlights November 2024 Year 2024 This

The CESTAT held that the sale of food items through "Take Away" ...


Food Takeaway/Home Delivery = Sale, Not Service: Exempt from Service Tax.

Case Laws     Service Tax

November 16, 2024

The CESTAT held that the sale of food items through "Take Away" or "Home Delivery" does not involve any service element, and is clearly an activity of sale of food. Following the ratio of previous judgments, such activity is not liable to service tax. Consequently, the impugned order was set aside, and the appeal was allowed, ruling that service tax cannot be levied on the sale of food over the counter or through takeaway/home delivery channels.

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