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Service Tax - Highlights / Catch Notes

Home Highlights April 2025 Year 2025 This

CESTAT held that an Amway distributor is liable for service tax ...


Amway Distributor Faces Service Tax on Group Sales Commission Under Business Auxiliary Service Provisions

April 26, 2025

Case Laws     Service Tax     AT

CESTAT held that an Amway distributor is liable for service tax on commission received from sales group performance, categorizing it as Business Auxiliary Service. The tribunal upheld service tax demand while granting cum-duty benefits and rejecting extended limitation period of 5 years. The court recognized the distributor's lack of intentional tax evasion and set aside penalties under Sections 78 and 77. The appeal was partially allowed, modifying the original order to reflect these nuanced determinations regarding service tax liability and procedural considerations.

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