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2018 (8) TMI 623 - AT - Service TaxLevy of Service Tax - activity of trading - whether the appellant is liable to pay service tax on their activity of trading, wherein they receive goods on sale basis from the manufacturer-Ingersoll-Rand India Ltd (IRIL) and such goods are resold by them on retail sale price as fixed by the manufacturer IRIL and they are entitled to a fixed amount of commission/discount/margin? Held that:- There is no merit in the appeal of Revenue as the appellant assessee have purchased the goods from the principal and have resold such goods on payment of sales tax/VAT. It is not the case of Revenue that such sales tax have been paid erroneously or there was no sale purchase at all. Benefit of N/N. 8/2008-ST. - Held that:- Appellant are entitled to the benefit of threshold exemption under the Notification No. 8/2008-ST. The matter is remanded to the Adjudicating Authority only for the limited purpose of verifying the threshold exemption with respect to the turnover - penalty is deleted - appeal allowed by way of remand.
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