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Service Tax - Highlights / Catch Notes

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Appellant's entitlement to exemption from service tax under ...


Service Tax Exemption Upheld Despite Late Form Filing and Missing Invoices; Technical Lapses Condoned Under Notification No. 42/2012-ST.

July 29, 2024

Case Laws     Service Tax     AT

Appellant's entitlement to exemption from service tax under Notification No. 42/2012-ST upheld despite delayed filing of Form EXP-3 and non-submission of invoices from foreign commission agents. Condition No. 3 regarding equity participation inapplicable. Late filing of EXP-3 a procedural lapse as EXP-4 filed timely with requisite documents evidencing exports. Non-submission of agents' invoices not fatal as commission paid based on FOB value per agreement, evidenced by bank advices. Substantive compliance with notification conditions suffices, technical lapses condoned. Impugned order set aside, appeal allowed.

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