Raja Abhishek For NIRC 2024
about 2 months ago
๐๐๐ฆ๐ง๐๐ง ๐ก๐ฒ๐ ๐๐ฒ๐น๐ต๐ถ ๐ฅ๐๐น๐ถ๐ป๐ด ๐ผ๐ป ๐๐๐ฝ๐น๐ถ๐ฐ๐ฎ๐๐ฒ ๐ง๐ฎ๐ ๐๐ฒ๐บ๐ฎ๐ป๐ฑ ๐ข ๐ง๐ต๐ฒ ๐ง๐ฟ๐ถ๐ฏ๐๐ป๐ฎ๐น ๐ต๐ฒ๐น๐ฑ: "Once the service tax liability is discharged, regardless of whether by the service provider or recipient, a second payment cannot be demanded from the appellant."
๐ ๐๐ฎ๐ฐ๐๐: ๐๐ผ๐บ๐ฝ๐ฎ๐ป๐: M/s. Aadarsh Sri Sai Manpower Solution (p) Ltd. ๐๐๐๐๐ฒ: Whether the appellant can be held liable to pay service tax again after it was partially paid by the service recipients. ๐ฆ๐ฒ๐ฟ๐๐ถ๐ฐ๐ฒ: Manpower recruitment or supply agency services.
โ๏ธ ๐๐๐ฑ๐ด๐ฒ๐บ๐ฒ๐ป๐: The Tribunal, citing the Karnataka High Court decision in Zyeta Interiors Pvt. Ltd., held that once the tax liability is discharged by either the service provider or recipient, no further payment can be demanded. Since the full tax was already deposited in the governmentโs account, the Tribunal set aside the additional tax demand and penalties on the directors.
๐๐ฎ๐๐ฒ ๐๐ป๐ณ๐ผ: ๐ง๐ถ๐๐น๐ฒ: M/s. Aadarsh Sri Sai Manpower Solution (p) Ltd. vs Commissioner, Customs, Central Excise & Service Tax ๐ฆ๐๐ฅ๐ฉ๐๐๐ ๐ง๐๐ซ ๐๐ฃ๐ฃ๐๐๐ ๐ก๐ข. 50610 OF 2017 ๐ข๐ฟ๐ฑ๐ฒ๐ฟ ๐๐ฎ๐๐ฒ: 21 July 2023 ๐ This decision confirms that full tax payment protects from duplicate demands, even when split between provider and recipient.
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