The CESTAT held that the appellant did not collect any amount ...

No illegal collection of service tax from sub-agents; shared tax burden on commission.

December 26, 2024

Case Laws     Service Tax     AT

The CESTAT held that the appellant did not collect any amount representing service tax from sub-agents/customers. The amount recovered was the service tax already paid by the appellant on the commission retained by the sub-agents. No service tax was actually collected payable u/s 73A(2). The revenue wrongly alleged illegal collection of service tax from sub-agents, ignoring that commission was shared with sub-agents, and the tax burden was accordingly shared. Demanding service tax again on the sub-agents' commission portion would amount to double taxation. The CESTAT set aside the impugned order and allowed the appeal.

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