The CESTAT ruled that the amount paid by the appellant towards ...

Expenses for Franchise Promotions Excluded from Service Tax; Show Cause Notice Invalidated for Being Time-Barred and Vague.

December 9, 2024

Case Laws     Service Tax     AT

The CESTAT ruled that the amount paid by the appellant towards advertisement and promotion of its own franchise outlets cannot be included in the value of taxable franchise services received from overseas franchisors for service tax purposes. The Tribunal observed that for a consideration to qualify as taxable, it must flow from the service recipient to the service provider. However, in this case, the promotional expenses were incurred by the appellant for its own business benefit. The Tribunal held that the demand of service tax on such promotional amounts was incorrect and liable to be set aside. Additionally, the show cause notice invoking Rule 5 of the Valuation Rules, 2006 was declared invalid as the said rule was previously held ultra vires by the Delhi High Court. The Tribunal also found the show cause notice to be time-barred and vague, rendering the entire demand unsustainable. Consequently, the appeal was allowed.

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