2012 (7) TMI 226 - AT - Service Tax

Taxability - discounts/incentives received by appellant as an advertising agency from the Media - Held that - Issue has been decided in favor of assessee in earlier year, wherein it was held that discounts/incentives received by the assessee from the print media will not be liable for service tax under the category of advertising agency services. If that be so, the said discounts/incentives itself cannot be considered for the purpose of taxability under the head business auxiliary services as the amounts which are received are in respect of the services provided under the category of advertising agency services and the amount are discounts and incentives and not as charges for services - Decided in favour of assessee.

Summary

The appellate tribunal allowed the out-of-turn hearing of a stay petition filed by the appellant. The tribunal waived the pre-deposit condition and allowed the appeal regarding service tax liability on discounts/incentives received by the appellant as an advertising agency from the media. The appeal was allowed, and the impugned decision was set aside based on previous orders in favor of the same assessee.