9911796707
TMI Blog2011 (10) TMI 454X X X X Extracts X X X X X X X X Extracts X X X X ..... received by them, if at all the remuneration is paid to the Aptech Ltd., they could take the input service credit for the services rendered to Aptech Ltd - It is not in dispute that the Aptech Ltd. has not discharged Service Tax liability - If they have paid a certain amount as a franchise commission to their principal, they have to pay Service Tax on that and are entitled to take input service c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... raining Services . The issue involved in this case is that the appellants are a franchise of the Aptech Ltd. Out of total receipt of service remuneration, they paid 20% to the Aptech Ltd. and on the balance amount of 80% they are discharging their Service Tax liability. M/s. Aptech Ltd. is also paying Service Tax on 20%, which they received from the appellant. The department is of the view that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Service Tax on balance amount, which actually they received. It is not in dispute that the Aptech Ltd. has not discharged Service Tax liability. Therefore, there is no loss of the revenue in transaction or the services rendered by the appellant. Moreover, when they will pay the Service Tax on 20%, they will be entitled for Service Tax credit of the same. 4. Heard and considered. 5. Considering ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e in bona fide belief that the amount of services rendered by them, which has been shared by M/s. Aptech Ltd., they are not liable to pay the Service Tax, the appellants are entitled to get the benefit of the provisions of Section 80 of the Finance Act, 1994. Therefore, penalty against the appellants is dropped. 8. With these observations, the appeal and stay petition are disposed of in the abov ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
