Raja Abhishek For NIRC 2024
about 2 months ago
ššš¦š§šš§ šš¼š¹šøš®šš® š„šš¹š¶š»š“ š¼š» šš±šš²šæšš¶šš¶š»š“ šš“š²š»š°š š¦š²šæšš¶š°š²š š¢ 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."
š šš®š°šš: šš¼šŗš½š®š»š: M/s. The Advertising Corporation of India Private Limited ššššš²: Is the appellant liable to pay service tax on advertising services when advertisers have already paid it on their behalf? šš°šš¶šš¶šš: The appellant acted as an advertising agency, earning a 15% commission for procuring advertisements for media publication.
āļø ššš±š“š²šŗš²š»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.
šš®šš² šš»š³š¼šæšŗš®šš¶š¼š»: š§š¶šš¹š²: M/s. The Advertising Corporation of India Private Limited vs. Commissioner of Service Tax, Kolkata š¦š²šæšš¶š°š² š§š®š šš½š½š²š®š¹ š”š¼.75 of 2009 š¢šæš±š²šæ šš®šš²: 18 September 2023 š 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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