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TMI Blog2014 (8) TMI 379X X X X Extracts X X X X X X X X Extracts X X X X ..... Amand Shah, Addl. Commissioner (AR), for the Respondent. ORDER Heard both sides. 2. The applicant filed this application for waiver of pre-deposit of duty of Rs. 3,62,24,989/-, interest and penalty. The applicant is a Public Sector Undertaking engaged in the manufacture of petroleum products. The applicant engaged the services of four advertising agencies for preparing the advertisement fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The adjudicating authority confirmed the demand and imposed penalty. 4. The contention of the applicant is that the product of the applicant is being advertised by the broadcasting company and the broadcasting company issued invoices specifically mentioning advertiser as the applicant. The applicant also relied upon the Board Circular, dated 1-11-1996 where it has been clarified that the adv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g agency is available to the advertiser engaged by the applicant and not to the applicant. 6. We have gone through the copies of sample invoices produced by the applicant, issued by Times Global Broadcasting Co. Ltd. In the invoices it is specifically mentioned that the advertiser is Indian Oil Corporation Ltd. (applicant). Further, we find that the advertising agencies while discharging the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... advertising agency for space and time in getting the advertisement published in the print media (i.e. Newspapers, periodicals etc.) or the electronic media (Doordarshan, private TV Channels, AIR etc.) will not be includible in the value of taxable service for the purpose of levy of service tax. The commission received by the advertising agency would, however, be includible in the value of taxable ..... X X X X Extracts X X X X X X X X Extracts X X X X
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