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Supreme Court of India 2017-09-04 disposed

Commissioner of Central Excise and Service Tax, Jaipur II vs Bmd Pvt. Ltd

Bench: 2 — Ranjan Gogoi

In Brief

The Supreme Court reviewed an excise and service tax dispute where the taxpayer (BMD Pvt. Ltd.) was assessed on an agreement with a government entity. The High Court had determined that the work performed constituted research activity rather than taxable consultancy service. The Court upheld the High Court's factual findings, finding them grounded in material evidence, and declined to interfere. However, it clarified that if future portions of the agreement pertaining to consultancy services are implemented, the Revenue may pursue appropriate tax recovery steps.

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Excise and Service Tax Taxation Law Classification of Services Constitutional Law

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