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2013 (3) TMI 565 - AT - Service TaxService Tax Commission paid to agent situated abroad Revenue trying to tax the appellant under Reverse Charge Mechanism. Held that - The issue involved is no more res-integra, as the reliance was made on judgment of Hon ble High Court of Mumbai in the case of Indian National Shipowners Association 2008 (12) TMI 41 - HIGH COURT OF BOMBAY tribunal set aside the impugned order and allow the appeal filed by the appellant.
Issues: Service Tax liability on commission paid to agents situated abroad under reverse charge mechanism for the period 09.07.2004 to 20.10.2005.
Analysis: 1. The issue in this appeal pertains to the Service Tax liability on the commission paid to agents situated abroad by the appellant. The appellant contests that the lower authorities are attempting to tax them under the reverse charge mechanism. It is highlighted that the period under consideration is from 09.07.2004 to 20.10.2005. The counsel for the appellant refers to a judgment by the Hon'ble High Court of Mumbai in the case of Indian National Shipowners Association, indicating that the issue at hand is similar to the one addressed in that judgment. 2. The Senior Departmental Representative (SDR) argues that the issue has already been settled by a judgment of the Hon'ble Apex Court, suggesting that there is clear legal precedent in this matter. 3. Upon reviewing the records, it is established that the dispute revolves around the Service Tax liability under the reverse charge mechanism for the mentioned period concerning the payment of commissions to overseas agents. The Tribunal concurs with the appellant's representative that the issue aligns with the decision of the Hon'ble High Court of Mumbai in the Indian National Shipowners Association case, which was subsequently upheld by the Hon'ble Apex Court and has been consistently followed in other rulings. 4. Given that the issue has been conclusively addressed in previous judgments and is no longer open to debate, the Tribunal sets aside the impugned order and rules in favor of the appellant, allowing the appeal. Consequently, the Stay Petition is also disposed of, bringing closure to the matter.
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