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2015 (11) TMI 778 - AT - Service TaxNon-payment of service tax - advertising agency services - whether the service tax on an amount received as incentive discount is sustainable or otherwise - penalty under Section 78 - Held that - The said incentive discount is received by the appellant-assessee from the media companies which pertains to business promotion expenses of the Media Cos. We find strong force in the submission made by the learned Counsel that the issue is squarely settled in favour of the appellant-assessee by our final order dated 27.08.2014 (2014 (11) TMI 545 - CESTAT MUMBAI) - Tribunal in the case of P. Gautam & Co. v. CST 2011 (9) TMI 392 - CESTAT, AHMEDABAD and followed in the case of Grey Worldwide (I) Pvt. Ltd. V. CST 2014 (9) TMI 180 - CESTAT MUMBAI . Accordingly, the impugned order which confirms the demand against the assessee-appellant is unsustainable and liable to be set aside - Decided in favour of assessee.
Issues:
Non-payment of service tax on incentive discount received by the appellant-assessee from media companies; imposition of penalty under Section 78 of the Finance Act, 1994; absence of penalty under Section 76 of the Finance Act, 1994. Analysis: The appellate tribunal heard both sides and reviewed the records concerning the non-payment of service tax on incentive discounts received by the appellant-assessee from media companies. The appellant-assessee challenged the order confirming the service tax demand, interest, and penalty under Section 78 of the Finance Act, 1994. On the other hand, the Revenue contested the absence of penalty under Section 76 of the same Act. The appellant's counsel referred to a similar case involving Group M Media India Pvt. Ltd., where a final order favored the appellant, providing support for their argument. The tribunal considered the submissions and noted that the issue revolved around the sustainability of service tax on incentive discounts received by the appellant from media companies for business promotion expenses. Referring to a prior final order dated 27.08.2014 in the case of Group M Media India Pvt. Ltd., the tribunal found that the issue had already been settled in favor of the appellant. Citing precedents from cases like P. Gautam & Co. v. CST and Grey Worldwide (I) Pvt. Ltd. v. CST, the tribunal concluded that the impugned order confirming the demand against the appellant was unsustainable and should be set aside. Based on the precedents and the settled issue, the tribunal allowed the appeal filed by the appellant-assessee, setting aside the impugned order confirming the demand. Consequently, the appeal filed by the Revenue was rejected. The tribunal's decision was in line with the established legal principles and previous judgments, providing clarity on the non-applicability of service tax on the incentive discounts received by the appellant from media companies for business promotion expenses.
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