Levy of service tax - Nature of amount - Deduction from the ...
Tribunal Rules Deductions as Discounts, Not Service Payments; Service Tax Demand Deemed Unjustified.
April 4, 2024
Case Laws Service Tax AT
Levy of service tax - Nature of amount - Deduction from the export price - Deductions towards Bonus, Inspection charges and recycling compensation - The Tribunal determined that the deductions made in the invoices were not payments made to the company providing services, but rather discounts in the transaction of sale. It noted that there was no clear evidence of a service provider or recipient relationship between the appellant and the company in question. Thus, it concluded that the demand raised under Business Auxiliary Service and Technical Inspection and Certification Service was without factual or legal basis.
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