Raja Abhishek For NIRC 2024

@abhishekrajaram

about 2 months ago

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š—–š—˜š—¦š—§š—”š—§ š—žš—¼š—¹š—øš—®š˜š—® š—„š˜‚š—¹š—¶š—»š—“ š—¼š—» š—”š—±š˜ƒš—²š—暝˜š—¶š˜€š—¶š—»š—“ š—”š—“š—²š—»š—°š˜† š—¦š—²š—暝˜ƒš—¶š—°š—²š˜€ šŸ“¢ The Tribunal held: "Service tax paid by advertisers on behalf of the appellant is treated as tax paid by the appellant, making any further demand unsustainable. However, the appellant must pay service tax on services provided to the Government."

šŸ” š—™š—®š—°š˜š˜€: š—–š—¼š—ŗš—½š—®š—»š˜†: M/s. The Advertising Corporation of India Private Limited š—œš˜€š˜€š˜‚š—²: Is the appellant liable to pay service tax on advertising services when advertisers have already paid it on their behalf? š—”š—°š˜š—¶š˜ƒš—¶š˜š˜†: The appellant acted as an advertising agency, earning a 15% commission for procuring advertisements for media publication.

āš–ļø š—š˜‚š—±š—“š—²š—ŗš—²š—»š˜: The Tribunal ruled that double taxation is unsustainable as advertisers had already paid service tax on behalf of the appellant. Service tax is applicable on government services, but discounts received are exempt. The appeal was partly allowed, with no additional tax on media advertising; tax on government services remains.

š—–š—®š˜€š—² š—œš—»š—³š—¼š—暝—ŗš—®š˜š—¶š—¼š—»: š—§š—¶š˜š—¹š—²: M/s. The Advertising Corporation of India Private Limited vs. Commissioner of Service Tax, Kolkata š—¦š—²š—暝˜ƒš—¶š—°š—² š—§š—®š˜… š—”š—½š—½š—²š—®š—¹ š—”š—¼.75 of 2009 š—¢š—暝—±š—²š—æ š——š—®š˜š—²: 18 September 2023 šŸ“œ This ruling clarifies that double taxation is not enforceable when tax is paid by advertisers, and confirms tax liability for government services provided by agencies.

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