Abhishek Raja "Ram"
8 months ago
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š¦š²šæšš¶š°š² š§š®š ā ššš¦š§šš§ ššµš²š»š»š®š¶ ā š”š¼ ššš¶š±š²š»š°š² šš¼ š¦šµš¼š š„š²š½š®š¶šæ ššµš®šæš“š²š šš»ššš²š®š± š¼š³ šš¼šÆ šŖš¼šæšø ššµš®šæš“š²š, š”š¼ šš¼š»ššæš®š°š ššš®š¶š¹š®šÆš¹š² š¢ š§šµš² š§šæš¶šÆšš»š®š¹ šµš²š¹š±: The Tribunal found no evidence to classify charges as repair instead of job work, setting aside the impugned order.
š šš®š°šš: š£š®šæšš¶š²š: M/s. Servalaxmi Services vs. The Commissioner of Central Excise and Service Tax ššššš²: Is Service Tax demand on M/s. Servalaxmi valid without agreement? šš°šš¶šš¶šš: The appellant, a paper mill machinery manufacturer, performed incidental repairs.
āļø ššš±š“šŗš²š»š: The Tribunal relied on the Delhi Bench ruling in M/s. Crimpson Electronics case, stating there was no evidence to prove that repair charges were received instead of job work charges, nor was there a contract or agreement to verify the nature of repair work. As a result, the demand for Service Tax was not sustainable.
š šš®šš² šš»š³š¼šæšŗš®šš¶š¼š»: š§š¶šš¹š²: M/s. Servalaxmi Services vs. The Commissioner of Central Excise and Service Tax š¢šæš±š²šæ šš®šš²: 24 February 2023
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