Appellant's claim for exemption under 2009 Notification for ...

Exemption Notification Scope Amendment Prospective, Profit Inclusion Upheld.

January 18, 2025

Case Laws     Service Tax     AT

Appellant's claim for exemption under 2009 Notification for 2008-2011 disallowed retrospectively as 2011 Notification amending exemption scope intended prospective application without express retrospectivity. Appellant not obliged to follow Rule 6(7B) option available to assessee, not Revenue. Profit on settlement part of taxable value upheld under amended 2011 Notification widening exemption scope. Profit on foreign exchange sale to EEFC account holders non-taxable being separate transactions without consideration flow. Appeal partly allowed by CESTAT.

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