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Service Tax - Highlights / Catch Notes

Home Highlights February 2025 Year 2025 This

CESTAT ruled that service tax demands for rent-a-cab, tour ...


Service Tax Demands Limited to Normal Period as No Evasion Found; Abatement Claims Rejected Under N/N 01/2006

February 15, 2025

Case Laws     Service Tax     AT

CESTAT ruled that service tax demands for rent-a-cab, tour operator, and business auxiliary services cannot be extended beyond normal limitation period due to absence of tax evasion intent. Appellant's claim for abatement under N/N. 01/2006-S.T. and N/N. 38/2007-S.T. was rejected due to lack of supporting evidence and billing on gross amounts. While penalty under Sec. 78 of Finance Act was set aside, penalties under Sec. 77(1)(a) and 77(2) were upheld for non-registration under tour operator and business auxiliary service categories. Appellant remains liable for service tax within normal limitation period with interest.

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