Abhishek Raja "Ram"
8 months ago
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ššš¦š§šš§ ššµš²š»š»š®š¶: š”š¼ š¦š²šæšš¶š°š² š§š®š šš²šŗš®š»š± š³š¼šæ š„š²šš²š»šš²-š”š²šššæš®š¹ š¦š¶ššš®šš¶š¼š» š¢ š§šµš² š§šæš¶šÆšš»š®š¹ šµš²š¹š±: Service Tax demand was unsustainable as the advertising agency paid it, making the situation revenue-neutral. Appeal allowed.
š šš®š°šš: šš½š½š²š¹š¹š®š»š: M/s. Aniksha Productions Private Limited ššššš²: Was Service Tax on the fixed cost component correctly demanded from the appellant?
š ššš±š“š²šŗš²š»š: The Tribunal held that the Service Tax paid by the advertising agency, undisputed by Revenue, entitled the appellant to CENVAT Credit. As this created a revenue-neutral situation with no actual revenue loss, the demand for Service Tax on the appellant was deemed unsustainable, and the appeal was allowed.
š šš®šš² šš»š³š¼šæšŗš®šš¶š¼š»: š§š¶šš¹š²: M/s. Aniksha Productions Private Limited Vs The Commissioner of Service Tax š¢šæš±š²šæ šš®šš²: 15 February 2023 š Revenue neutrality prevents Service Tax demands when intermediaries pay taxes. Proper documentation is crucial for appellants to strengthen their case.
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