Levy of service tax - Business Auxiliary services - incentives ...

February 17, 2024

Case Laws     Service Tax     AT

Levy of service tax - Business Auxiliary services - incentives received from M/s. Volkswagen and M/s. Castrol India - reverse charge mechanism - The tribunal found that these incentives were related to the sales transaction and not for providing services of promoting business. As the relationship was on a principal-to-principal basis, the appellant was interested in selling more cars for profit, not promoting Volkswagen's or Castrol's business. Hence, no service tax could be levied on these incentives. - Regarding the issue of Service Tax Liability on Forfeited Advance Amount, the Tribunal held that, he forfeited advance amounts were not for providing any service but were penalties for cancellation, thus not liable to service tax.

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