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Service Tax - Highlights / Catch Notes

Home Highlights July 2024 Year 2024 This

The Appellate Tribunal addressed the issues of service ...


Appellate Tribunal Rules Services Not Taxable Under BAS; Commissions, Incentives, and Margins Exempt; Tax Demand Set Aside.

July 1, 2024

Case Laws     Service Tax     AT

The Appellate Tribunal addressed the issues of service classification, service tax liability, and extended limitation period. The appellants' services did not fall under Business Auxiliary Service (BAS) due to lack of involvement of three parties. The commission, incentives, etc., were not taxable under BAS. The collection for Visa/Passport processing charges was not clarified as a taxable service. Charges retained by the appellants as ORC/RAF were not taxable under BAS. The trade margin earned on ticket sales was not taxable. The failure to deposit service tax collected from sub-agents was not proven. The extended limitation period was not applicable due to proper disclosure. The tribunal set aside the service tax demand, ruling in favor of the appellants.

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