The Appellate Tribunal examined the applicability of service tax ...

AT ruled service tax not applicable on advertising agency transaction. Agreement deemed joint venture/partnership. Business frustrated by court order. Novation of agreement due to financial difficulty.

Case Laws Service Tax

May 21, 2024

The Appellate Tribunal examined the applicability of service tax on transactions by an Advertising Agency involving the sale of time or space on electronic billboards to clients under a revenue-sharing arrangement. The Tribunal found the agreement between the parties to be a Joint Venture/Partnership for mutual benefit. Due to a Public Interest Litigation and subsequent court order, the business was frustrated, leading to the impossibility of performance. The parties agreed to novate the agreement due to financial difficulties, converting a deposit to equity. The Tribunal set aside the Review Order and upheld the Order-in-Original, allowing the appeal with consequential benefits.

View Source

← Previous Next →

The Appellate Tribunal examined the applicability of service tax ...

AT ruled service tax not applicable on advertising agency transaction. Agreement deemed joint venture/partnership. Business frustrated by court order. Novation of agreement due to financial difficulty.

Case Laws Service Tax

May 21, 2024

You may also like:

Valuation - inclusion of the fixed cost component - cost received from the advertising agency - slot fee payable to the television channels for telecasting the programme...

Import of services - Advertising Agency services - Since the appellant has no requirement of 'advertising agency service' for manufacture and export of goods, the tax...

Refund claim of service tax paid on cancelled transactions - Post GST era - Rejection of refund under Rule 6(3) of Service Tax Rules read with Sec 142(5) of CGST Act -...

Adjustment of excess service tax paid with subsequent service tax liability - case of Revenue is that Rule 6 (3) of Service Tax Rules, 1994 do not provide for such...

This trade circular clarifies the determination of place of supply and export benefits for advertising services provided by Indian advertising agencies to foreign...

This circular clarifies the determination of place of supply and export benefits for advertising services provided by Indian advertising agencies to foreign clients. Key...

Levy of service tax - water charges paid - transfer of right to use the water by the Government to the appellant - Deemed sale - Since the agreement was for water...

Levy of Service Tax - Advertising Agency Service or not - It is seen that no evidence has been placed from record to establish that the appellant were providing...

Service tax liability cannot be imposed twice on the same transaction. The appellant, as a service recipient, was required to pay 75% of the service tax under the...

Leviability of service tax - clearing and forwarding agent service - although the appellant had entered into the consignment agency agreement with TSL this agreement was...

The Appellate Tribunal addressed the issue of CENVAT Credit for insurance services and air travel agency services u/s Rule 2(l) of the Cenvat Credit Rules, 2004. It was...

Export of services or not - Reversal of Credit - The fundamental charge that the service recipients are ‘other establishments’ of service providers in terms of in terms...

The case involved the levy of service tax on various services provided by the appellant. The Appellate Tribunal held that the appellant, as a provider of business...

Short payment of service tax - subsequent adjustment with excess tax paid - The appellant can adjust the service tax excess paid against his service tax liability for...

Advertising Agency Service - Dealers/agents are promoting the business of the applicant and they are not the advertising agency - not taxable - AT

Quick Updates: