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Service Tax - Highlights / Catch Notes

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CESTAT adjudicated a service tax dispute involving reimbursable ...


Service Tax Dispute Resolved: Reimbursable Expenses Exempt, Accounting Entries Not Taxable Under Finance Act Provisions

May 5, 2025

Case Laws     Service Tax     AT

CESTAT adjudicated a service tax dispute involving reimbursable expenses and business auxiliary services. The tribunal ruled in favor of the appellant, finding no valid basis for service tax levy on reimbursable expenses, consistent with SC precedent. The department's attempt to demand tax based on profit and loss account entries without demonstrating actual service consideration was rejected. Additionally, the tribunal found no evidence of intentional tax evasion, thereby invalidating extended limitation period and penalties. The appeal was allowed, effectively quashing the original tax demands and establishing that mere accounting entries cannot constitute taxable service under the Finance Act, 1994.

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