Raja Abhishek For NIRC 2024
about 2 months ago
ššš¦š§šš§ ššµš®š»š±š¶š“š®šæšµ š„šš¹š¶š»š“ š¼š» š¦š²šæšš¶š°š² š§š®š š¼š» š¦šš š®š»š± š„š²š°šµš®šæš“š² šš®šæš±š š¢ Tšµš² š§šæš¶šÆšš»š®š¹ šæšš¹š²š±: "When telecom operators pay Service Tax on the entire MRP of SIM and recharge cards, there is no additional Service Tax liability for distributors or franchisees selling these cards to the public."
š šš®š°šš: šš¼šŗš½š®š»š: M/s S. R. Medical Agencies ššššš²: The appellant, an authorized distributor for Bharat Sanchar Nigam Ltd. (BSNL), was served a show-cause notice asserting that the commission and discount received from BSNL were taxable under "Business Auxiliary Service." The Commissioner confirmed the demand and imposed penalties.
āļø ššš±š“šŗš²š»š: The Tribunal ruled that distributors of telecom SIM and recharge cards are not liable for additional Service Tax under "Business Auxiliary Service," as telecom operators like BSNL already pay tax on the entire MRP. The Tribunal allowed the appeal, dismissing further tax demands on such distributors.
š šš®šš² šš»š³š¼šæšŗš®šš¶š¼š»: Title: M/s S. R. Medical Agencies vs. Commissioner of Central Excise, Chandigarh-II š¦š²šæšš¶š°š² š§š®š šš½š½š²š®š¹ š”š¼. 1789 Of 2011 š¢šæš±š²šæ šš®šš²: 24 August 2023 š This ruling clarifies that telecom operators' payment of Service Tax on MRP shields their distributors from further Service Tax liabilities on SIM and recharge card sales.
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