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Service Tax - Highlights / Catch Notes

Home Highlights December 2024 Year 2024 This

The CESTAT held that the marketing support services provided by ...


Export of Services Benefits Accrued Abroad, Eligible for Tax Abatement.

December 7, 2024

Case Laws     Service Tax     AT

The CESTAT held that the marketing support services provided by the Appellants to Nokia Corporation Finland qualified as export of services, as the benefits accrued outside India. The taxable event is the rendition of service, not the payment date. Hence, service tax was rightly paid at 10.12%, the rate prevailing when services were rendered. The Appellants were eligible for abatement under Notification No. 1/2006-ST for turnkey projects involving supply of goods and services. The extended period of limitation was wrongly invoked by the Department, as it failed to substantiate allegations of willful suppression of facts by the Appellants. Consequently, the service tax demand was set aside, and the appeal was allowed in favor of the Appellants.

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