
Abhishek Raja "Ram"
12 months ago
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ššš¦š§šš§ š ššŗšÆš®š¶ š„šš¹š¶š»š“ š¼š» š§š®š š®šÆš¶š¹š¶šš š¼š³ š š¼šš¶š² š¦š°šæš²š²š»š¶š»š“ š¢ š§šµš² š§šæš¶šÆšš»š®š¹ šµš²š¹š±: Movie screening is non-taxable unless theater is leased for fixed rent; principal-to-principal transactions taxed per Finance Act classification.
š šš®š°šš: šš¼šŗš½š®š»š: M/s Cinepolis India Pvt. Ltd. ššššš²: Tax liability for exhibiting cinematographic films under revenue-sharing agreements with distributors during 2014ā2016. šš°šš¶šš¶šš: Revenue shared between the appellant and distributors on a principal-to-principal basis. The Revenue argued they are distinct entities operating de-mutualized.
āļø ššš±š“š²šŗš²š»š: Screening of movies is not taxable unless the distributor leases the theater and earns fixed rent. In principal-to-principal arrangements, tax liability depends on transaction nature per CBEC Circulars and Section 65A of the Finance Act, 1994. No service tax applies under Business Support Services (BSS) for such transactions.
š šš®šš² šš»š³š¼šæšŗš®šš¶š¼š»: š§š¶šš¹š²: M/s Cinepolis India Pvt. Ltd. vs. Commissioner of Service Tax š¢šæš±š²šæ šš®šš²: 22 December 2022 š This ruling exempts revenue-sharing movie screenings from service tax while ensuring clarity in transactions between distributors and exhibitors.
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