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Service Tax

No Service Tax on pure sale un-associated with any service component

Case Law Details

Case Name
Aviat Health Care Pvt. Ltd. Vs Commissioner of CGST (CESTAT Mumbai)
Date of Judgement/Order
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Aviat Health Care Pvt. Ltd. Vs Commissioner of CGST (CESTAT Mumbai) It is worthwhile to mention here that ‘trading’ is a pure sale which is subjected to the taxable jurisdiction of the provisional Government and no Service Tax liability accrues from pure sale un-associated with any service component as has been elaborately dealt by the Tribunal in the case of Medisary Laboratories P. Ltd. Vs. CCGST, Kolhapur vide final Order No. A/87803/2018 dated 01.11.2018. On this count also the demand would not survive. Show Cause Notice after 5 years of Service Tax Return Filing is not valid and barre...
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