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2023 (11) TMI 611 - AT - Service TaxExtended period of limitation - export of service under Joint Venture - revenue neutrality - Extended period of limitation - suppression of facts or not - HELD THAT:- The Appellant has provided services, being BAS, in Joint Venture or partnership, to M/s MS of Romania. As the service has been provided in respect of marketing of products manufactured by M/s MS of Romania, the Joint Venture partner - M/s KSE cannot be the recipient of such service in the first instance. Further, the element of partnership is present in the MoU between the Appellant and M/s KSE, as they have agreed to share the profits from the commission earned by providing service to the foreign principal located at Romania. Further, it is an admitted fact that the service in question has been received by M/s MS of Romania who have paid for the same in convertible foreign exchange - it is further held that it does not make any material difference that the Appellants have received their share of commission through M/s KSE. Extended period of limitation - suppression of facts or not - HELD THAT:- There is no element of fraud, suppression, misdeclaration, etc. The Appellant was registered with the Department and have disclosed such turnover or receipt of commission for BAS, and they have rightly claimed the same to be exempt, being export of service. Accordingly, extended period of limitation is not invokable, in the facts and circumstances of the case. The impugned order set aside - appeal allowed.
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