Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2018 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (11) TMI 1024 - AT - Service TaxDemand of Service Tax - brokerage and Commission income received from the shipping lines - sale and purchase of freight space - extended period of limitation - penalty - Held that:- The issue is covered by the decision in the case of Karam Freight Movers [2017 (3) TMI 785 - CESTAT NEW DELHI], where it was held that The surplus earned by the respondent arising out of purchase and sale of purchase and sale of space and not by acting for client who has space or not on a vessel. It cannot be considered that the respondents are engaged in promoting or marketing the services of any ‘client’ - demand of service tax on the above amount is set aside. Extended period of limitation - penalty - Held that:- Having held that there was a reasonable cause for non-payment of duty, it is just to set aside the invocation of extended period of limitation also in the instant case - penalty also set aside. Appeal allowed - decided in favor of appellant.
|