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2013 (7) TMI 589 - CESTAT MUMBAILeviability of service tax – whether buffer stock subsidy would be leviable to service tax – Commissioner (Appeals) decided in the favour of assessee - Held that:- Buffer-stock subsidy cannot be considered as a consideration received for the services rendered thus not liable to service tax - The same has been settled in Commissioner of Central Excise, Chandigarh vs. Nahar Industrial Enterprises Ltd. (2010 (1) TMI 400 - PUNJAB & HARYANA HIGH COURT) - the sugar factories are storing the sugar for themselves thus there cannot be any service to self – also, subsidies are negative taxation and there cannot be a positive tax on the same under service tax – appeal decided against the revenue.
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