Service tax liability on remuneration paid to directors. The key ...
Directors' remuneration not liable for service tax as employer-employee relationship established.
Case Laws Service Tax
November 27, 2024
Service tax liability on remuneration paid to directors. The key points are: Remuneration paid to directors is accounted for as 'Salary' and TDS is deducted under the head of 'Salary' as per Form-16, indicating an employer-employee relationship. As per Section 65B(44)(b) of the Finance Act, 1994, salary paid to employees falls under the negative list and is not liable for service tax. The CESTAT held that since the payment is towards salary and the relationship is that of employer-employee, it does not constitute a service and is exempt from service tax under the negative list provision. The appeal was allowed.
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