
Case Law Analysis
|Custom, Excise & Service Tax Tribunal
Service Tax Exemption for Residential Construction of Fewer Than 12 Units | CESTAT Kolkata Invalidates Demand Based on Bank-ST-3 Comparison Alone
CESTAT Kolkata rules that residential construction projects with fewer than 12 units are exempt from service tax under the Finance Act, 1994. The tribunal quashed the demand, holding that reliance solely on ST-3 form and bank statement comparisons without substantive evidence lacks legal basis, setting a precedent for audit compliance challenges.