This case pertains to the taxability of revenue-sharing ...

Taxability of Theater Revenue-Sharing: Tribunal Rejects Fictional Entity Argument, Sets Aside Demand and Penalty.

August 23, 2024

Case Laws     Service Tax     AT

This case pertains to the taxability of revenue-sharing arrangements between theater owners and film distributors. The appellant contended that the agreements were misconstrued, leading to the creation of a fictional entity, and that the circulars were inappropriately relied upon without considering the elements of service under the Finance Act, 1994. The Tribunal held that the attempt to converge the constitutional restriction on levying tax on film screening with the fictional conception of an entity excoriating the charging provision was flawed. The implication was that the 'box office' represented a joint venture between the exhibitor and distributor, and the exhibitor was sought to be taxed for providing 'support service of business or commerce'. However, the Tribunal noted that an earlier decision on the same issue was applicable, even under the 'negative list' regime, and any contrary stand on taxability was unacceptable. Consequently, the demand and penalty imposed in the impugned order were set aside, and the appeal was allowed.

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