2008 (5) TMI 29 - AT - Service Tax

Activity of Photography Services - Revenue has proceeded to recover short payment of duty on the ground that the assessees are not entitled to deduct the cost of raw materials and cost of outside printing from the gross turnover/ amounts received by them - held that assessee is eligible to claim the benefit of deduction in respect of inputs used in the photographic services - impugned orders are set aside and the appeals are allowed

Summary

Issues:
Deduction of cost of raw materials and outside printing from gross turnover in Photography Services.

Analysis:
The appeals involved a common issue of whether the appellants, engaged in Photography Services, were entitled to deduct the cost of raw materials and outside printing from their gross turnover. The Revenue sought to recover short payment of duty, arguing that such deductions were not permissible. The learned Counsel for the appellants cited a favorable decision in a similar case and argued for a similar disposal. The learned SDR, however, defended the Revenue's position, emphasizing that deductions could only be allowed for final goods sold, not consumables. The Counsel countered by citing various Tribunal judgments supporting the appellants' position, highlighting that the issue had been extensively considered and settled in favor of allowing the deduction for inputs used in photographic services.

The Tribunal, after careful consideration of the submissions and the cited judgments, concluded that the issue was no longer open to debate. They noted that previous judgments had already established the eligibility of appellants to claim the deduction for inputs used in photographic services. The Tribunal found no merit in the Revenue's arguments and set aside the impugned orders, allowing the appeals with any consequential relief. The decision was pronounced and dictated in open court, bringing the matter to a close.